In re Nathan L.

The juvenile, Nathan L., was charged as a delinquent with second-degree assault, RSA 631:2, 1(a) (1996), and riot, RSA 644:1, 1(a) (1996). After a bench trial in Concord District Court, the Court (Robbins, J.) acquitted the juvenile of riot but entered a finding of true on the delinquency petition, concluding that he had committed simple assault, RSA 631:2-a, 1(a) (1996), as a lesser-included offense of second-degree assault. On appeal, the juvenile argues that: (1) where neither the prosecution nor the defense requests the trier of fact to consider a lesser-included offense, the trier of…