Jones v. State

Like Judge Garrard, I am compelled by Estep v. State (1979), Ind., 394 N.E.2d 111, to concur in Judge Hoffman’s disposition of the issue regarding the criminal trespass instruction tendered by Jones. While the Supreme Court’s holding in Estep appears to foreclose the consideration of criminal trespass, IC 1976, 35-43-2-2(a)(4) (Burns Code Ed.), as a lesser included offense of burglary, IC 1976, 35-43-2-1 (Burns Code Ed.), the persuasive argument presented by Jones may require reconsideration of the proposition that criminal trespass cannot be a lesser included offense of burglary.

The rejected…