Valdez-Hardin v. State

Cooper, Judge.

Appellant was convicted by a jury of kidnapping and appeals the denial of her motion for new trial, raising as her sole enumeration of error the trial court’s failure to charge the jury on interference with custody as a lesser included offense of kidnapping.

Our review of the record indicates that appellant failed to submit a written request to charge on interference with custody. “ ‘A trial judge never errs in failing to include a charge on a lesser included offense unless there is a written request to charge.’ [Cit.]” Robinson v. State, 194 Ga. App. 432, 433 (3) (390 SE2d 652)…