State v. Griffin

OPINION

FOLEY, Judge. *

Albert Lamont Griffin was convicted of first degree assault in violation of Minn.Stat. § 609.221 (1990). On appeal, Griffin argues that the district court erred in refusing to instruct the jury on the lesser-ineluded offense of fifth degree assault and that he was denied effective assistance of counsel at trial. We affirm.

FACTS

In May 1992, Griffin was living with the victim, his then-girlfriend. On May 12,1992, Griffin and the victim were drinking heavily and arguing throughout the evening. Sometime after midnight, the argument escalated to a physical altercation.…