Hankins v. State

OPINION

CORNISH, Presiding Judge:

The appellant, Ronald Eugene Hankins, was convicted of . the crime of Burglary in the Second Degree, After Former Conviction of a Felony in the District Court of Oklahoma County, Case No. CRF-77-3329, and received a sentence of ten (10) years.

The sole issue on appeal is whether error was committed when the trial court refused to submit the appellant’s requested instruction for the lesser included offense of Damaging or Tampering With a Vehicle, pursuant to 47 O.S.1971, § 4-104.

At approximately 12:30 p. m. on September 8, 1977, the appellant was discovered…