State v. Spencer

STROUD, Judge.

Defendant was convicted of eluding arrest with a motor vehicle, assault with a deadly weapon on a government official, and resisting a public officer. Defendant contends that the trial court erred in failing to instruct the jury on a lesser included offense and that he received ineffective assistance of counsel. For the following reasons, we find no error as to the trial court’s failure to instruct the jury on a lesser-included offense, and we dismiss defendant’s claim for ineffective assistance of counsel for him to file a motion for appropriate relief •with the trial court so…