Patterson v. State

729 N.E.2d 1035 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Patterson (D) came to eighty-two-year-old Julia’s house looking for work shoveling snow. Several days later, at around 4:00 a.m. Julia was awakened by the sound of breaking glass. She went to investigate and found a broken window in her sunroom, glass on the floor, and blood on the curtains. She called the police. Police discovered D at the back of the house. After a chase on foot, D was arrested. D was bleeding and commented that he knew he should not have broken the window. Julia identified D as the man who had come to her door several days earlier looking for work shoveling snow. D was convicted of attempted burglary. He was a habitual offender and was sentenced to 50 years in prison. D appealed in part on the issue of the court not giving an abandonment instruction. D argues that the trial court erred in refusing to give his instruction on the defense of abandonment.