Hambrick v. State

Banke, Presiding Judge.

The appellant was convicted of burglary. His primary complaint on appeal concerns the trial court’s refusal to give his requested charge on criminal trespass as a lesser included offense.

The appellant was arrested while standing just inside the unlocked rear door of a Sears store which had been secured for the night only a few minutes earlier. He explained to the arresting officer that “he was looking for some food and a place to get warm.” There was no evidence that the appellant was in possession of burglary tools or property belonging to the store, and the officer…