Klepar v. State
| Decision Date | 17 February 1976 |
| Docket Number | No. 8471,8471 |
| Citation | 92 Nev. 103,546 P.2d 231 |
| Court | Nevada Supreme Court |
| Parties | Ronald Albert KLEPAR, Appellant, v. STATE of Nevada, Respondent. |
Ronald Albert Klepar, convicted by jury verdict of burglarizing a hotel room at Lake Tahoe (NRS 205.060), was sentenced to a five (5) year term in the Nevada State Prison.
In an attempt to obtain release from incarceration Klepar has appealed contending an incriminating statement he made to a private hotel security officer was inadmissible because he was not given the warning require by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The identical issue was recently considered and rejected by this court in Silks v. State, 92 Nev. ---, 545 P.2d 1159.
Klepar also contends the trial judge erred in refusing to give a requested instruction on trespass, which he suggests is a lesser included offense of burglary. He argues that since he testified that he had been 'invited' into the hotel room that he is entitled to the instruction.
Even if we assume trespass to be a lesser included offense, Klepar's testimony does not raise the question and this record is totally barren of any evidence to support such a finding. Lisby v. State, 82 Nev. 183, 187, 414 P.2d 592, 595 (1966).
Affirmed.
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