State v. Griffin

OPINION

KEITH, Chief Justice.

The decisive issue on this appeal by defendant, who was convicted of assault in the first degree, Minn.Stat. § 609.221 (assault involving infliction of great bodily harm), is whether the trial court properly refused a defense request that it submit the lesser-included offense of assault in the fifth degree, Minn. Stat. § 609.224 (simple assault). The court of appeals held that there was no error. State v. Griffin, 510 N.W.2d 277, 279 (Minn.App.1994). We hold that there was error and that the error was prejudicial. Accordingly, we reverse the decision of the court…