Jones v. State

I concur in the conclusion of the majority that, pursuant to step two of the methodol*978ogy outlined in Lawrence v. State, (1978) 268 Ind. 330, 375 N.E.2d 208, defendant was not entitled to an instruction on the lesser included offense of criminal trespass. Likewise, I join the majority’s conclusion that Estep v. State, (1979) Ind., 394 N.E.2d 111, must be overruled insofar as it incorrectly states the law with respect to step one of the Lawrence inquiry. I am unable to join, however, particular statements contained in the majority opinion.

The majority has stated:

“Acknowledging, arguendo, that…