Morales v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Cesar Morales appeals his conviction for aggravated assault, arguing that the court erred in failing to give two jury instructions. We hold that the overall jury charge substantially covered the principles of one requested jury instruction and that Morales’s failure to submit a written request for a charge on a lesser included crime waives that issue. Accordingly, we affirm.

Construed in favor of the verdict, Short v. State, 1 the evidence shows that while riding in a vehicle, Morales, who belonged to a gang, spotted a member of a rival gang…