Timothy S. Nickels v. State

KITE, Justice.

[T1] Timothy S. Nickels was convicted by a jury of strangulation of a household member. He claims the district court erred by refusing to instruct the jury on the lesser included offense of battery. We conclude the district court properly refused the lesser included offense instruction because there was no evidence to support it.

[T2] We affirm.

ISSUE

[T3] Mr. Nickels states the issue on appeal as:

Did the district court err when it refused to give appellant's requested lesser included offense instruction?

The State presents a similar issue, although it is phrased in more detail.

FACTS