State v. Ekmanis

OPINION

NOYES, Judge.

While burglarizing the storage room of a patio home in central Phoenix, Ingmar Ekmanis (“Appellant”) was shot by the homeowner. The issues on appeal are whether the trial court properly instructed the jury on second degree burglary (residential structure) and whether it properly refused to instruct the jury on third degree burglary (nonresidential structure). We affirm.

Appellant’s testimony, in brief, was that he had run out of gas on his way home from the pool hall, so he gathered some items from his truck—a lock pick, a tension bar, a scratch awl, and a flashlight—and…