Dinkler v. State

699 S.E.2d 541 (2010)

DINKLER

v.

The STATE.

No. A10A0505.

Court of Appeals of Georgia.

June 25, 2010.

Joseph S. Key, McDonough, for appellant.

Tommy K. Floyd, Dist. Atty., David E. Slemons, Asst. Dist. Atty., for appellee.

MIKELL, Judge.

Earl Dinkler was convicted of two counts of cruelty to children by a Henry County jury and sentenced to fifteen years, two to serve in confinement with the balance on probation.[1] On appeal, Dinkler charges that the trial court erred when it failed to charge the jury on the lesser included offense of battery and when it denied his motion for directed verdict of…