State v. Moore

The opinion of the court was delivered by

Davis, J.:

This case comes before us on the State’s petition for review from the Court of Appeals’ unpublished decision in State v. Moore, No. 82,411, filed August 11,2000. The Court of Appeals’ reversal of the defendant’s aggravated battery conviction of his girlfriend, T.M., was based upon the trial court’s refusal to give a lesser included offense instruction on simple battery. The question we must resolve is whether, under the facts of this case, the trial court had a duty to instruct on simple battery. We hold that there was no such duty, reverse…