Young v. State

OPINION

KIRSCH, Chief Judge.

Timothy W. Young appeals his conviction for residential entry, 1 a Class D Felony. He raises one issue, which we restate as whether the trial court abused its discretion when it failed to instruct the jury on Class A Misdemeanor criminal trespass 2 as a lesser included offense of residential entry. 3

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On November 17, 2004, Newcastle Police Officer Matt Patterson was dispatched to the Vine Street Apartments. While there, he noticed Young, who darted into apartment fifteen after spotting Officer Patterson. Young was…