Lemattey v. State

Eldridge, Judge.

Appellant William Jack Lemattey appeals his July 1997 conviction for armed robbery. We affirm.

In his sole enumeration of error, Lemattey asserts that the trial court erred when it refused his request to charge the jury on criminal attempt as a lesser included offense of armed robbery. Lemattey argues that his sole defense at trial was that he intended to steal a car, but failed because the car did not start when he inserted the keys, which he already had stolen from the victim at gunpoint.

However, under OCGA § 16-8-41 (a), a person commits armed robbery “when, with intent to…