[DOWNLOAD] "Keller v. State" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Keller v. State
- Author : Supreme Court of the United States
- Release Date : January 31, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The main question in this appeal is whether the court erred in refusing to give to the jury a requested lesser included offense instruction on the offense of criminal entry in a trial in which Thomas Ray Keller (Keller) was convicted of three counts of burglary. Other issues are presented relating to Kellers sentence. These include challenges to the authority of the court to order Keller to attend therapeutic programs at the penitentiary, to order Keller to pay restitution in an amount to be determined at a later time, and to order Keller to repay the office of the public defender for legal services. We conclude that the trial court did err in refusing to give a lesser included offense instruction as to - Page 381 one of the counts of burglary, and we reverse the judgment on Count III for that reason. We also are persuaded that the judgment and sentence did exceed the authority of the trial court, and we declare the judgment and sentence void with respect to the aspects attacked by Keller.