State v. Bertul

STEWART, Justice:

Defendant appeals from a burglary conviction. He raises two points: (1) whether the trial court erred in excluding from evidence a document called a police “booking sheet,” which was proffered by the defendant to support his asserted defense of intoxication; and (2) whether the trial court erred in refusing to instruct on the crime of criminal trespass as a lesser-included offense of the crime of burglary.

The defendant was convicted of burglarizing the Westminster Pharmacy in Salt Lake County in the early morning hours of October 14, 1979. He was seen leaving the pharmacy by…