State v. Glenn

Anthony Glenn appeals from the judgment of conviction, following a jury trial, for intermediate aggravated battery, party to a crime. He argues that the trial court erred in denying his request for a jury instruction on the lesser-included offense of battery. We affirm.

For purposes of the issue on appeal, the relevant facts are not in dispute. On the night of June 30,1990, Robert Massaro and three friends were sitting at the end of one of the long breakwater piers extending from the Milwaukee shoreline into Lake Michigan. Glenn, along with three companions, Steven Brown, Jon Matthews, and…