State v. Romero

OPINION

FLORES, Judge.

Defendant was convicted following a jury trial of one count of larceny over $250 and one count of aggravated burglary in violation of NMSA 1978, Sections 30-16-1 and -4(C) (Repl.Pamp.1994). Defendant appeals only his aggravated burglary conviction. On appeal Defendant raises the following interrelated issues: (1) that the district court erred in refusing to instruct the jury on the elements of simple burglary and simple battery as lesser included offenses of aggravated burglary and alternatively, (2) that, as a matter of law, the evidence is insufficient to support his…