State v. Romero

OPINION

BOSSON, Judge.

{1} We grant the State’s motion for rehearing and substitute this opinion for the one filed February 20,1998.

{2} This appeal is directed at two issues. First, we determine when the crime of criminal trespass is a lesser-included offense of aggravated burglary and justifies a separate jury instruction. Second, we examine the defense of diminished capacity due to intoxication with respect to the specific intent necessary to commit the crime of aggravated burglary and when an instruction on that defense is warranted. Because Defendant was wrongfully refused an instruction on…