State v. Fernandez-Medina

— Roiland Fernandez-Medina (Fernandez) appeals a first degree assault conviction, arguing that the trial court erred by refusing his proposed instructions on the lesser included offense of second degree assault. We affirm.

FACTS

On September 29, 1996, Fernandez got into an argument with his girl friend, Ann Carpenter, with whom he was living. Fernandez pushed Carpenter and threatened to kill her. Friends of Carpenter’s, including Dorothy Perkins, intervened. Carpenter told Fernandez to gather his things and leave her apartment.

Carpenter and Perkins went a short distance to another apartment,…