State v. Hull, 414 P.3d 526

Defendant Travis Hull was seen by the homeowner and her brother near the home after being dropped off from an SUV; brother later found the back door unlocked and items from inside the house in an outdoor trashcan.
Homeowner identified items missing (including an iPod); brother confronted Hull outside and then reported a partial plate number leading to Hull’s arrest.
State charged Hull with burglary (second-degree because it was a dwelling) and misdemeanor theft; jury convicted on burglary but acquitted on theft (record shows a clerical discrepancy in minutes).
Trial counsel argued Hull never entered the house and emphasized lack of direct or forensic evidence of entry, seeking an acquittal on burglary.
Defense did not request a jury instruction on criminal trespass as a lesser included offense; Hull later appealed claiming ineffective assistance of counsel for that omission.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to request criminal trespass instruction amounted to ineffective assistance of counsel	State: counsel’s tactical choices are entitled to deference; no automatic relief	Hull: counsel was deficient for not requesting a lesser-included instruction (criminal trespass) and prejudiced him	Court: No ineffective assistance — decision to pursue an “all-or-nothing” defense was objectively reasonable

Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance: deficient performance and prejudice)
Keeble v. United States, 412 U.S. 205 (1973) (defendant entitled to lesser-included instruction when evidence permits conviction of lesser but not greater offense)
State v. Dyer, 671 P.2d 142 (Utah 1983) (recognizes tactical "all-or-nothing" defense as legitimate strategic choice)
State v. Powell, 154 P.3d 788 (Utah 2007) (framework for determining lesser-included offenses)
State v. Baker, 671 P.2d 152 (Utah 1983) (treats criminal trespass as a lesser included offense of burglary)