State of Missouri v. Brandon M. Roberts

Anwar Randle appeals from a judgment convicting him of first-degree trespass, second-degree assault, and armed criminal action. 1 Mr. Randle asserts that the trial court erred by denying his request to instruct the jury on the lesser-included offense of third-degree assault. 2 The judgment is vacated because the trial court erred by not instructing the jury on the lesser-included offense of third-degree assault.

Facts

In November 2009, Mr. Randle and two other men broke into a home occupied by Cameron Bass and Kena Coleman. Mr. Randle had been involved in a relationship with Ms. Coleman. Mr.…