Callison v. Commonwealth

DUNN, Judge.

Barry N. Callison appeals from a judgment of the Fulton Circuit Court, which found him guilty of burglary in the third degree and of being a persistent felony offender (PFO) in the second degree, and sentenced him to eight years in prison. We reverse.

On appeal Callison argues that the trial court erred (1) in refusing to instruct the jury regarding Callison’s defense of voluntary intoxication, and on the lesser-included offense of criminal trespass; (2) in admitting, in the persistent felony offender stage of trial, evidence which was hearsay; (3) in overruling Callison’s motion…