State v. Robinson

ULRICH, Judge.

David Robinson appeals his convictions following jury trial for one count of assault in the second degree, § 565.060, RSMo 1994, one count armed criminal action, § 571.015, RSMo 1994, and sentence to concurrent terms of three years of imprisonment and six years imprisonment, respectively. He claims that the trial court plainly erred in fading to submit to the jury, sua sponte, an instruction on the lesser included offense of assault in the third degree, because the evidence presented at trial provided a basis for an acquittal of second degree assault and for a conviction of…