State v. Wilson

Defendant appeals from his conviction by a jury of burglary, a third degree felony in violation of U.C.A., 1953, § 76-6-202 (1978 ed.). He claims that it was error, (1) to deny his motion to suppress an elicited response, (2) to deny his request for a jury instruction on lesser included offense, and (3) to sustain a conviction of burglary on insufficient evidence. We affirm.

At 12:39 a.m., on October 29, 1983, the ADT Corporation alarm system at the Sears Automotive Center was set in action. Two minutes later, police arrived at the Sears building in response to a call from the alarm company.…