Randall v. State

Appellant was charged by way of a single count information with class B burglary. The information did not include a class C robbery charge. Before voir dire, the trial court instructed the prospective jurors that the State had charged appellant with class B burglary. Preliminary instructions #1 and #2 instructed the jury as to the offenses of class B burglary and class C burglary. Final instructions #1, #2, #5 instructed the jury as to the offenses of class B burglary, class C burglary, and theft. The trial court did not submit to the jury any preliminary or final instructions concerning…