State v. Engram

OPINION

KLEINSCHMIDT, Judge.

The defendant was found guilty by a jury of theft, second-degree (residential) burglary, and first-degree (residential) criminal trespass. The charge of criminal trespass was a lesser included offense of second-degree burglary. As a matter of law, the defendant could not be convicted of both. See Brown v. Ohio, 432 U.S. 161, 168, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187, 196 (1977). The trial judge treated the verdict on the lesser included offense of criminal trespass as surplusage and entered judgment against the defendant only for second-degree burglary and theft. The…