State v. Burnette

CLEMENS, Presiding Judge.

The state charged defendant, a second offender, with first degree burglary (§ 560.-040, VAMS) by forcibly burglarizing an occupied dwelling. Following a guilty verdict the trial court sentenced him to 16 years’ imprisonment.

On appeal defendant (1) claims error in failure to read mandatory instruction MAI-CR 1.06; (2) challenges the victim’s identification testimony; (3) challenges hearsay evidence in a police report and (4) contends the trial court should have instructed on the lesser offense of second degree burglary. These points in turn.

Defendant’s first point…