Texas v. Meru (Original)
Annotate this CaseAppellee Mark Meru was convicted of burglary of a habitation and sentenced to 25 years in prison. He filed a motion for new trial, complaining that the trial court erred in refusing to give the requested jury instruction on the lesser-included offense of criminal trespass. The trial court granted appellee's motion for new trial. The State appealed, arguing that criminal trespass could not be a lesser-included offense of burglary because trespass required intrusion of the defendant's entire body, while burglary only requires a partial intrusion. The court of appeals affirmed the trial court's order for a new trial. The Supreme Court disagreed with the court of appeals that Appellee was entitled to an instruction on the lesser-included offense of criminal trespass and reversed.
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