SCHULTZ, Justice.
Defendant Phillip Negrete appeals from his conviction of first-degree murder following a jury trial. Defendant's conviction stems from the March 24, 1990, death of a convenience store clerk. On appeal, defendant contends that the trial court erred by refusing to instruct the jury on simple assault as a lesser-included offense of first-degree murder. The State concedes the simple assault instruction should have been given but asserts that the trial...
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