Allen v. State

WENDELL L. Griffen, Judge.

Shannon Allen appeals his conviction in the Garland County Circuit Court following a jury verdict of guilty on the charge of burglary, and contends that the trial court erred by refusing his requested and proffered jury instruction for the lesser-included offense of criminal trespass. We reverse and remand this case for a new trial, because we agree with appellant that a rational basis was established for charging the jury regarding the lesser-included offense.

Appellant was charged with burglary in connection with his entry into a residence in Hot Springs, and his…