Eatherton v. State

BROWN, Chief Justice. 1

Appellant Patrick Eugene Eatherton appeals his conviction for burglary. He presents the following issues:

1. Whether it was error to refuse Appellant’s motion to merge offenses.

2. Whether it was error to refuse to instruct the jury on the lesser-included offenses to burglary.

3. Whether it was error to order restitution when the jury expressly acquitted Appellant of larceny.

We affirm on the first issue, reverse on the second issue and remand the case for a new trial.

When Cable Jones, the victim, woke up on the morning of February 8,1987, he was not alone in his bedroom.…