KOONTZ, Judge.
Jerry Ray Brandau (Brandau), appellant, was indicted for attempted capital murder of a police officer and use of a firearm in the commission of a felony. In a jury trial, Brandau was convicted of attempted first degree murder and use of a firearm in the commission of a felony. He contends on appeal that the trial court erred in refusing to instruct the jury on the lesser included offense of assault and battery. Finding that the evidence did not support...
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