State v. Allen

Petitioner, Gregory Charles Allen, appeals his conviction for attempted second degree burglary. The issue here is whether the trial court erred in refusing to instruct the jury on the statutory definition of "intent". We hold that the petitioner was entitled to the instruction, and reverse.

The complaining witness, Lilian Sorensen-Viale, testified that on the afternoon of July 10, 1981 she had just finished taking a shower when she heard a loud noise. Sorensen-Viale went downstairs and saw Allen pacing back and forth on her patio deck. This deck was about 4 to 5 feet above ground level and did…