State v. Martell

Defendant, Joseph John Martell, appeals from his conviction by a Pierce County jury of criminal trespass in the first degree, RCW 9A.52.070(1). The issue is whether defendant was denied equal protection of the laws under the Fourteenth Amendment by the trial court's refusal to instruct the jury on criminal trespass in the second degree (a misdemeanor), rather than criminal trespass in the first degree (a gross misdemeanor).

The case is before us on a short record. Defendant was charged with burglary in the second degree, RCW 9A.52.030(1), for unlawfully entering or remaining "in a building…