Jemmott v. State

GREEN, Judge.

Edwin D. Jemmott appeals his conviction for aggravated battery and his sentence of 117 months of imprisonment. Jemmott also challenges the revocation of probation in a separate case, based on this new law violation. Although we find the trial court’s denial regarding Jemmott’s jury instruction request on justifiable use of nondeadly force to be in error, as to the lesser included battery charge, we find such error harmless and affirm.

The evidence at trial included testimony of the alleged victim, Eric Grant (Eric); his cousin, Pamela Grant (Pamela); and the appellant (Jemmott).…