Terry v. State

Opinion

BRIAN QUINN, Chief Justice.

Bobby Wayne Terry was convicted of burglary of a building. He seeks reversal of that conviction because the trial court failed to instruct the jury on the purported lesser-included offense of criminal trespass. We affirm the judgment.

Background

On April 1, 2008, around 8:00 p.ra., police officers responded to a burglar alarm that went off at Cruz Construction Company in Amarillo. Upon their arrival, they discovered that a cinder block had been thrown through a plate glass door of the building. Thereafter, appellant was found standing in the building by a desk.…