Sperry v. State

STONE, Judge.

Appellant’s conviction and sentence for aggravated battery are affirmed.

First, we find no error in the court’s charge to the jury. The trial judge denied Appellant’s request that the jury be charged that it may consider whether a witness had previously been convicted of a crime. The only basis for the requested instruction was Appellant’s own testimony, on direct examination, that he had never been convicted of a crime. There is nothing in the evidence placing this subject in issue. Therefore, whether Appellant has a criminal record is irrelevant.

We also find no error in the…