State of Texas v. Meru, Mark

OPINION

in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, and HERVEY, JJ., joined. PRICE, J., filed a concurring opinion. ALCALA, J., filed a concurring opinion, in which WOMACK and COCHRAN, JJ., joined.

Appellee, Mark Meru, was convicted of burglary of a habitation and sentenced to 25 years in prison. He filed a motion for new trial, complaining that the trial court erred in refusing to give the requested jury instruction on the lesser-included offense of criminal trespass. The trial court granted the motion for new trial based on this complaint. The State appealed, arguing that criminal…