State v. Hineman

PER CURIAM. 1

Charles Hineman appeals his convictions for one count of assault in the first degree, section 565.050, 2 and one count of child abuse, section 568.060. He was sentenced to consecutive sentences of ten and three years imprisonment, respectively. On appeal, Hineman’s sole contention is that the trial court erred in failing to submit a proposed instruction for the lesser-included offense of assault in the second degree. The judgment as to assault in the first degree is reversed, and the case is remanded. In all other respects the judgment is affirmed.

The following evidence was…