Dixon v. State

Adams, Judge.

Michael Dixon appeals after a jury convicted him of one count of aggravated assault and one count of use of a firearm by a convicted felon. Dixon’s sole argument on appeal is that the trial court erred in refusing his request to charge the jury on the lesser included offense of simple assault.

The evidence showed that on October 12, 2002, Dixon chased his wife, Denise Marie Dixon, and her daughter, while holding a pistol and pointing it at Denise. Denise testified that Dixon was very intoxicated and verbally abusive at the time. Denise and her daughter fled the couple’s home, and…