(DOWNLOAD) "State V. Engram" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State V. Engram
- Author : Arizona Court of Appeals
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
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 judge treated the verdict on the lesser included offense of criminal trespass as surplusage and entered judgment against the defendant only for second-degree burglary and theft. The defendant was sentenced to concurrent, aggravated terms of eight years imprisonment for theft and fifteen years for burglary.
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