State v. Dunn

GRIMM, Judge.

A jury found defendant guilty of third degree assault, a misdemeanor. Defendant’s sole point on appeal alleges the trial court erred in giving the third degree assault instruction as a lesser included offense of first degree assault. We disagree and affirm.

Defendant does not contest the sufficiency of the evidence. The jury could believe that on October 20, 1991, in an attempt to cause his vehicle to collide with victim’s, defendant swerved toward victim’s vehicle. The two vehicles, however, did not collide, and victim was not injured.

The State charged defendant with first degree…