Daniel v. State

The defendant, Gean Daniel, appeals his convictions for armed burglary of a dwelling and grand theft. Although the defendant raises two issues on appeal, only one merits discussion.1 The defendant contends the trial court erred in failing to instruct the jury on trespass, a permissive lesser-included offense of armed burglary of a dwelling, and that the error constitutes per se reversible error. Although the State confesses error as to this point and agrees that the defendant is entitled to a new trial, we reject the State’s confession of reversible error and affirm because the error was…