State v. Speece

Jeffrey L. Speece was convicted by jury of first degree burglary, second degree burglary, and six counts of forgery. In connection with the first degree burglary conviction, the jury also returned a special verdict that Speece was armed with a deadly weapon. Speece appealed only the first degree burglary conviction, claiming that there was insufficient evidence to support a finding that he was armed for purposes of the conviction or the deadly weapon special verdict. He also assigned error to the trial court's refusal to give a lesser included offense instruction for second degree burglary.…