People v. Saleh

Opinion by

Judge CRISWELL.*

Defendant, Christopher Saleh, appeals the judgment of conviction entered upon a jury verdiet finding him guilty of second degree assault. We reverse the judgment and remand with directions to enter a judgment of conviction on the lesser-included offense of third degree assault and to resentence defendant on that conviction.

The evidence at trial established that, on the night in question, defendant and his fian-cée (the victim) were arguing in their second-story residence. When the argument turned into a physical altercation, the victim announced that she was leaving.…