Herbert v. State

Phipps, Judge.

Angelo Herbert was indicted for burglary and following a jury trial, was convicted. He was sentenced to serve ten years, five in confinement and the remainder on probation. He claims that the trial court erred by failing to instruct the jury on criminal trespass and by granting the state’s motion in limine, thereby denying him the right to thoroughly cross-examine the state’s witnesses. Finding no reversible error, we affirm.

The evidence showed that late one evening in October 2004, Justin Merrell was at home working on his computer, and his roommate was sleeping on the couch.…