English v. State

Bernes, Judge.

Following a trial by jury, Richard English appeals his convictions for criminal trespass and attempted tampering with evidence. He contends that the trial court erred in allowing the State to waive its closing argument until after the defense had given its closing argument; in imposing a felony sentence on the attempted tampering count; in failing to instruct the jury on the difference between misdemeanor and felony tampering with evidence; and in failing to allow the jury to resolve whether English’s conduct constituted a misdemeanor or felony. For the reasons that follow, we…