Tarkington v. State

Donald L. Corbin, Justice.

Appellant, John Tarkington, was convicted of aggravated robbery and sentenced as a habitual offender to life in prison. On appeal he argues the trial court erred by not instructing the jury on the lesser included offenses of robbery and aggravated assault. He also argues the trial court erred in denying his two motions for a mistrial.

On February 23, 1991, about 10:30 p.m., Johnna Morley closed her store, Country Convenience Store. She got into her mini-van and began to drive away, but stopped under a nearby floodlight because she saw a black Camaro, which was parked…