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> First degree criminal trespass is not a lesser included offense of first degree burglary. However, it is a lesser non-included offense, and the trial court may instruct a jury on such offense over the objection of the defendant if the charging document provides notice that defendant might have to defend against that charge. People v. Satre, 950 P.2d 667 (Colo. App. 1997). But see People v. Gillis, 2020 COA 68, 471 P.3d 1197, annotated below.
> First degree criminal trespass is a lesser included offense of first degree burglary. People v. Gillis, 2020 COA 68, 471 P.3d 1197. But see People v. Satre, 950 P.2d 667 (Colo. App. 1997), annotated above
What did they mean by this
> First degree criminal trespass is a lesser included offense of first degree burglary. People v. Gillis, 2020 COA 68, 471 P.3d 1197. But see People v. Satre, 950 P.2d 667 (Colo. App. 1997), annotated above
What did they mean by this
