Cato v. State

Peterson, Justice.

**496Darron Cato appeals his convictions for felony murder and a firearm offense stemming from the death of T'Shanerka Smith.1 Cato argues that the trial court committed plain error when it instructed the jury on the commission of aggravated assault-the predicate offense for the felony murder charge-in a manner not charged in the indictment. Cato also argues that his trial counsel provided ineffective assistance by failing to present a complete alibi defense. Because any error in the aggravated assault instruction was harmless, and because Cato cannot show that trial…