State v. Rush

The opinion of the court was delivered by

Davis, J.:

This appeal comes before us on the defendant’s petition for review of the judgment of the Court of Appeals in State v. Rush, 18 Kan. App. 2d 694, 859 P.2d 387 (1993). The question is whether criminal trespass is a lesser included offense of burglary. We granted the defendant’s petition for review because of conflicting decisions by two separate panels of the Court of Appeals. For reasons set forth below, we conclude that the Court of Appeals in this case was correct in its decision that criminal trespass is not a lesser included offense of…