Tucker v. State

OPINION

STATON, Judge

Following a jury trial, Antwone Tucker appeals his convictions for one count of battery against a law enforcement officer, 1 and one count of battery causing bodily injury, 2 both class A misdemeanors. Tucker raises two issues on appeal, which we restate as:

I. Whether there was a fatal variance between the allegation in the information and the proof adduced at trial.

II. Whether the trial court erred by not instructing the jury on the lesser included offense of battery as a class B misdemeanor.

We affirm.

Tucker and his wife, Gidget, were at a friend’s house drinking and…