This section contains the nature of the case and procedural background.

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.

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