State v. Ochoa

Lewis, J.:

Defendant was convicted of one count of aggravated batteiy. He appeals, arguing the trial court erred in failing to instruct the jury on certain lesser included offenses.

We agree and reverse and remand.

Defendant’s problems began with his ill-fated decision to attend a wedding dance. The evening ended with gunfire and bloodshed.

There was little good feeling between defendant’s family and the Ramirez/Degollado families. The record indicates that Seferino Ramirez was known to carry a handgun. Because of this fact, defendant made the decision to take his pistol to the dance.

Some of the…