State v. Martin

The question presented is whether disposing of stolen property is a lesser included offense of second degree burglary.1 Appellant Martin stands convicted of two counts of second degree burglary. On appeal he challenges the district court’s refusal to instruct the jury that disposing of stolen property is a lesser included offense. We hold that the district court acted correctly, and we affirm the judgment of conviction.

Whether disposing of stolen property is a “lesser” offense than second degree burglary depends upon the value or description of the property. I.C. § 18-4612. There was…