State v. Yacub

Defendant, Elijah Yacub, appeals from the judgment entered on his conviction of burglary in the second degree. The trial court refused to submit a first-degree trespassing instruction as a lesser-included offense. The jury found defendant guilty of burglary, second degree, section 569.170, RSMo 1994, and the court sentenced defendant as a prior and persistent offender to serve eight years in the Missouri Department of Corrections. The judgment is reversed, and the cause is remanded.

On September 28, 1995, police officers responded to a call at 3:40 a.m. The call concerned a possible burglary…