Sample v. State

VANCE, Justice.

This is an appeal from a conviction of reckless damage or destruction, a class “C” misdemeanor. Trial was before the court; punishment was assessed at a fine of $200.00. Appellant was originally charged with burglary of a coin-operated machine, a class “A” misdemeanor. Appellant contends that reckless damage or destruction is not a lesser included offense of burglary of a coin-operated machine and that the trial court lacked jurisdiction to enter the judgment of conviction. We agree and thus reverse.

The primary offense charged in the information was burglary of a coin-operated…