Palmer v. State

UPCHURCH, Judge.

Gary Palmer appeals a judgment and sentence for burglary of a dwelling and petit theft.

Palmer was charged with grand theft and burglary of a dwelling. At the charge conference he sought to have the jury instructed as to the necessarily lesser included offenses of petit theft, burglary of a structure and trespass of a structure. The court gave the instruction on petit theft, but refused an instruction on burglary of a structure and trespass of a structure. The jury returned a verdict finding Palmer guilty of burglary of a dwelling and petit theft.

The first question on appeal…