STATE v. BREWSTER

No. 4362.

617 P.2d 172 (1980)

94 N.M. 783

STATE of New Mexico, Plaintiff-Appellee, v. Jeff BREWSTER, Defendant-Appellant.

Court of Appeals of New Mexico.

September 2, 1980.


Attorney(s) appearing for the Case

William A. L'Esperance, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Art Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Judge.

Defendant raises six issues on appeal (one point having been abandoned) from conviction of residential burglary, one of which is dispositive, and one other meriting comment. We reverse.

The defendant requested an instruction on criminal trespass as a lesser-included offense. The trial court denied the requested instruction on grounds that if defendant had no intent to steal, then there was no evidence of malicious intent to...

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