State v. Wales

LeGRAND, Justice.

A jury convicted defendant of the crime of burglary in the second degree. He was sentenced to serve a term of not more than ten years in the penitentiary as provided in Iowa Code sections 902.3 and 902.9 (1979). His appeal alleges reversible error because the trial court refused to instruct on the lesser included offense of criminal trespass. We reverse and remand for a new trial.

This case was tried prior to our decision in State v. Sangster, 299 N.W.2d 661 (Iowa 1980), where we held criminal trespass, as alleged and proven to have been committed there, is an included offense…