Edwards v. State

¶ 45. I respectfully dissent on due-process grounds. The State indicted Edwards in this case on a charge of simple assault on a law enforcement officer, and the majority affirms the judgment of the trial court wherein Edwards was convicted of resisting arrest, a nonindicted, lesser-related charge. I submit that the trial court erred as a matter of law by instructing the jury that it could consider a nonin-cluded, lesser-related offense at the request of the State.

¶ 46. The majority treats the resisting-arrest offense as a lesser-included offense of the principal indicted charge of simple…