Van Doran v. State

Johnson, Chief Judge.

Richard Van Doran was convicted of aggravated assault for stabbing and cutting Terry Crawford with a knife and of possessing a knife during the commission of that aggravated assault. He appeals, arguing, that the trial court erred in not instructing the jury that reckless conduct and simple battery are lesser included offenses of the aggravated assault charge. The argument is without merit.

“Absent a written request for a charge on a lesser included offense, made at or before the close of the evidence, the failure to so charge is not error.” Van Doran admits in his…