O'Neal v. State

In this cause appellant raises two issues, the first regarding the admission of hearsay evidence and the second arguing that the trial court erred in denying appellant’s request that the standard jury instruction on a lesser included offense be given. Because we reverse on the second issue and remand for new trial, we do not address the first issue.

Appellant was convicted as charged of lewd assault on a child under sixteen and was sentenced to three years in prison followed by twelve years’ probation. At the charge conference, appellant’s counsel requested that the court give the standard…