Ortiz v. State

Phipps, Judge.

Enso Ortiz was charged with armed robbery by taking money from Nelson Correa by use of a handgun and with aggravated assault upon Correa with the handgun. Ortiz was convicted on both charges, and his motion for new trial was denied. In this appeal, he argues that he was entitled to a jury instruction on the lesser included offense of robbery by sudden snatching based on testimony by Correa that Ortiz did not begin to use the handgun until after he had taken the money, and that he was entitled to a jury instruction on the lesser included offense of battery because the jury could…