State v. Rubio

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals his conviction for breaking and entering in violation of NMSA 1978, Section 30-14-8 (1981). He contends the conviction should be reversed because: (1) the jury instruction describing the offense of breaking and entering was improper; (2) the trial court refused to give a jury instruction on a lesser-included offense; and (3) the trial court refused to instruct the jury on his defense theory that he had “permission” to enter the premises because he had an alleged tenancy interest in the apartment. Not persuaded, we affirm.

FACTS

{2} Defendant and…