State v. Feltz

¶1 Joseph Feltz appeals his conviction in the District Court for the Twelfth Judicial District, Hill County, of felony assault with a weapon. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Feltz raises the following issue on appeal: Did the District Court err when it denied Feltz’s request to instruct the jury on misdemeanor assault as a lesser included offense of felony assault with a weapon?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On the evening of June 16, 2008, Feltz was involved in an altercation with his girlfriend, Heather Green, and some of his neighbors at…