State v. Radosevich

OPINION

GARCIA, Judge.

{1} Defendant appeals from his convictions for aggravated assault with a deadly weapon and tampering with evidence. Defendantraises several challenges on appeal related to his criminal charges: the district court’s refusal to instruct the jury on the lesser included offense of simple assault; the district court’s decision to direct a verdict on the charged offense of assault with the intent to commit murder and then sua sponte instruct the jury on the new and different charge of aggravated assault with a deadly weapon after the close of evidence; and the district court’s…