Armstrong v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Craig Armstrong appeals his conviction of aggravated assault 1 against his wife. He contends that the trial court erred in (1) denying his motion in arrest of the judgment, in that the rule of lenity required him to be sentenced for simple battery based on the facts, (2) failing to charge the jury on battery as a lesser included offense of aggravated assault, and (3) denying his motion for new trial based on a claim of ineffective assistance of counsel. For the reasons that follow, we affirm.

On appeal from a criminal conviction, the evidence…