Cortez v. State

KING, C.J.,

for the Court.

¶ 1. Leslie J. Cortez appeals the judgment of the Rankin County Circuit Court which dismissed his motion for post-conviction relief pursuant to Mississippi Code Annotated section 99-39-11(2) (Rev.2007). Aggrieved, Cortez raises these issues on appeal: (1) whether the trial court abused its discretion by failing to grant a jury instruction on the lesser-included offense of trespassing; (2) whether the trial court’s response to a question from the jury during deliberation was an improper comment on the evidence; and (3) whether Cortez was denied a fair trial by the…