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STATE v. ENGRAM

Nos. 1 CA-CR 89-074, 1 CA-CR 89-1549-PR.

171 Ariz. 363 (1991)

831 P.2d 362

STATE of Arizona, Appellee-Respondent, v. Wayne Randle ENGRAM, Appellant-Petitioner.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied November 14, 1991.

Supplemental Opinion November 19, 1991.

Review and Supplemental Petition for Review Denied June 16, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee-respondent.

Richard M. Romley, Maricopa County Atty. by Jessica G. Funkhouser, Deputy County Atty., Phoenix, for respondent.

John M. Antieau, Phoenix, for appellant-petitioner.

Wayne Randle Engram, in pro. per.

OPINION

KLEINSCHMIDT, Judge.

The defendant was found guilty by a jury of theft, second-degree (residential) burglary, and first-degree (residential) criminal trespass. The charge of criminal trespass was a lesser included offense of second-degree burglary. As a matter of law, the defendant could not be convicted of both. See Brown v. Ohio, 432 U.S. 161, 168, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187, 196 (1977). The trial...

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