State v. Ronald Bean

Reiber, CJ.

¶ 1. Defendant appeals his conviction for simple assault, arguing that the trial court erred by instructing the jury to consider simple assault as a lesser-included offense of domestic assault, the crime for which he was charged. Specifically, defendant contends (1) that — as instructed to the jury — simple assault is not a lesser-included offense of domestic assault and (2) that the court cannot instruct the jury to consider a lesser-included offense over the defendant’s objection. We affirm.

¶ 2. The altercation leading to defendant’s conviction occurred on July 29, 2014, at a…