State v. Nyagwoka

OPINION

SCHELLHAS, Judge

Appellant argues that the district court erred by sua sponte considering and convicting him of misdemeanor domestic assault as a lesser-included offense of second-degree assault. We reverse.

FACTS

Appellant Cyrus Nyagwoka was in a relationship with J.O. from 2010 until late 2014. At the end of their relationship, J.O. began seeing G.N., an Arizona resident. Nyagwoka and J.O. remained, in contact with each other, and Nyagwoka still possessed a key to J.O.’s apartment. In December 2014, G.N. was visiting J.O. in her apartment when. Nyagwoka entered. Ny-agwoka learned of…