Martin v. State

JOHNSON, Presiding Judge.

Rahim Martin was indicted on charges of aggravated assault and theft by taking (motor vehicle). A jury found him guilty of simple assault and theft by taking. He appeals from the conviction entered on the verdict, contending the trial court erred in failing to charge the jury on reckless conduct as a lesser included offense of aggravated assault when there was evidence he was reckless, and no evidence he intended to injure the victim. The trial court properly declined to charge the jury on reckless conduct.

Viewed in a light most favorable to the verdict, the evidence…