State v. Brown

Lonnie Brown appeals from a judgment convicting him of one count of assault in the first degree, section 565.050,1 and one count of armed criminal action, section 571.015. The trial court sentenced Mr. Brown to concurrent terms of 15 years imprisonment on each count. In addition to first degree assault and armed criminal action, the trial court instructed the jury on the lesser included offense of second degree assault, section 565.060.2 Mr. *46Brown asserts the trial court committed reversible error by refusing his timely and properly proffered instruction on an additional lesser included…