Cruz v. State

This is an appeal by the defendant William Cruz from a final judgment of conviction and sentence for burglary of an automobile which was entered below upon an *587adverse jury verdict. The defendant raises as his central point on appeal that the trial court committed reversible error in failing to instruct the jury on the defense of abandonment; the defendant acknowledges that he made no request for such an instruction at trial, but contends, nonetheless, that the error here was fundamental because the defense went to the heart of the case, namely, the lack of criminal intent. We disagree and…