State v. Dorsey

CRIST, Judge.

Appeal from jury convictions of second degree assault of one Gene Jackson and of first degree arson of the apartment room where the assault took place. Defendant was sentenced as a persistent offender to concurrent prison terms of seven years for *611the assault and five years for the arson. We affirm.

Defendant asserts he was entitled to an instruction on the lesser included offense of assault in the third degree. The jury was given the option to find, but did not find, defendant guilty of first degree assault if it believed defendant attempted to kill or cause serious physical…