Howard v. StateHoward v. State
- Reporters:
- ,
- Before:
- Ferris
Lead Opinion
Affirmed on the authority of Jones v. State,
JORGENSON, J. and JOHN G. FERRIS, (Retired) Associate Judge, concur.
Concurrence Opinion
(specially concurring).
I agree that Jones v. State is squarely on point, that this panel is bound by it, and that it compels affirmance. Were I free to do so, however, I would follow Judge Hub-bart’s dissenting opinion in Jones which, with respect, I believe represents the better reasoned view by far. I would therefore and wish we could reverse the conviction below for attempted burglary with directions to retry the defendant on the charge of trespass alone.