State v. Boyce

OPINION

WELLES, Judge.

This case is here by appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The defendant was convicted on a jury verdict of Burglary. He appeals his conviction presenting two issues for review: (1) that the evidence presented at trial was insufficient to support the verdict of guilt, and (2) that the trial court erred in denying the defendant’s request that the jury be instructed on Criminal Trespass as a lesser included offense of Burglary. We agree that the jury should have been charged on the lesser included offense of Criminal Trespass. We,…