Gornick v. State

OPINION

CORNELIUS, Chief Justice.

Brian Gornick was convicted of criminal trespass 1 onto the property of Sarah Armstrong. Trial was to a jury. Gornick contends in his second point of error that the trial court erred in denying his request to instruct the jury on his defensive theory. We agree and will reverse and remand for a new trial. Because we find this issue disposi-tive, we do not reach Gornick’s remaining points of error.

Gorniek’s conviction is the latest incident in a long running dispute between Sarah Armstrong and Gornick regarding the true boundary between their adjacent properties.…