State v. Whitley

GARY M. GAERTNER, JR., Judge.

Introduction

D’Andre Whitley (Appellant) appeals his convictions by jury of assault in the first degree, burglary, and two counts of armed criminal action. Appellant challenges the trial court’s denial of Appellant’s proffered instruction on the lesser-included offense of assault in the second degree, as well as the sufficiency of the evidence to support his conviction for burglary. We affirm.

*307 Background

The evidence at trial to support Appellant’s convictions was as follows. Appellant was out at a night club with his friends Kelvin Nelson (Victim), Russell Vincent…