State v. Miller

CAMERON, Vice Chief Justice.

This is an appeal from a judgment of guilt to the crime of first degree (nighttime) burglary (§ 13-301 et seq., A.R.S.) following a jury verdict in the Superior Court for the County of Maricopa. Defendant received a one to three year sentence.

We are called upon to determine:

1. whether the lower court erred in refusing defendant’s requested instruction dealing with the inferences which might be drawn from the State’s failure to introduce evidence, and

2. whether it was error to refuse to intruct the jury on lesser included ofenses of forcible trespass and petty theft.