Reynolds v. State

OPINION

BRYNER, Chief Judge.

Charles E. Reynolds appeals after being convicted by a jury of burglary in the first degree. Reynolds contends that the trial court erred in denying his motion for a mistrial. He also asserts that the court erred in denying his proposed lesser-included offense instruction on theft. We reverse.

At trial, during the prosecution’s direct examination of one of the arresting officers, the following exchange occurred:

Q: Did you show that — did you come back and show that key to Mr. Reynolds?

A: Yes, I did.

Q: After you showed it to him, did he say anything regarding the key?

A…