State v. Acevedo

The jury instruction on aggravated burglary used in this case didn’t require the State to prove that Defendant Tomas Acevedo knew he lacked authority to enter the Wal-Mart store in Garden City—an essential component of the crime. The juiy heard conflicting evidence on Acevedo’s knowledge. The flaw in the instruction, therefore, deprived Acevedo of *671a fair trial. I respectfully dissent from the majority’s decision to affirm that conviction. I would reverse and remand for a new trial.

The legal error here replicates the one another panel recently addressed in State v. Adams, No. 106,935, 2013 WL…