Campbell v. State

Perry Campbell (“Campbell”) was charged with one count of burglary of an unoccupied dwelling and one count of first-degree misdemeanor criminal mischief. At the close of the evidence, defense counsel moved for judgment of acquittal on both counts. The trial court denied the motion, and Campbell was convicted of trespass, as a lesser-included offense of burglary, and criminal mischief, as charged. Because the evidence was legally insufficient to support a charge of criminal mischief, we reverse that conviction but affirm the conviction for trespass.

On appeal, Campbell argues that the trial…