People v. Rock

¶1 The People sought review of the court of appeals’ judgment reversing Rock’s convictions for second degree " burglary and theft. See People v. Rock, No. 11CA1936, 2014 WL 2986664 (Colo. App. July 3, 2014). The trial court denied Rock’s request for an additional, lesser-included-offensé instruction on second degree criminal trespass, on the ground that second degree criminal trespass is not an included offense of second degree burglary. The court of appeals reversed, concluding both that the trial court erred in denying Rock’s requested instruction and that the error was not harmless with…