Edward Parker Eldridge v. State of Mississippi, 2016-KA-00166-COA

Eldridge was convicted in Harrison County Circuit Court of burglary of a dwelling and sentenced to twenty years, with eight years to serve and twelve suspended, plus postrelease supervision and a $2,000 fine.
After sentencing, Eldridge moved for judgment notwithstanding the verdict or a new trial, which the court denied.
On appeal, Eldridge challenges the trial court’s refusal to give a lesser-included-offense instruction on criminal trespass.
Evidence showed Flowers’s home was broken into, items rummaged through, and Eldridge’s belongings and clothing were connected to the scene; a shirt tied to a farm was identified as Eldridge’s.
The State’s evidence supported burglary; no evidence substantiated a theory of trespass as a lesser offense, and the court held the instruction was not warranted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by denying a trespass instruction	Eldridge argues entitlement to a lesser offense instruction	State contends no basis to instruct on trespass given evidence	No reversible error; instruction improper and not warranted

Love v. State, 121 So. 3d 952 (Miss. Ct. App. 2013) (defendant entitled to jury instruction on defenses if properly stated and supported)
Newell v. State, 49 So. 3d 66 (Miss. 2010) (limit on how instructions may be refused or covered elsewhere)
Pierce v. State, 107 So. 3d 1011 (Miss. Ct. App. 2012) (standard for when a lesser-included-offense instruction should be granted)
Jackson v. State, 90 So. 3d 597 (Miss. 2012) (whether evidence supports defendant’s theory that intent formed after entry)