STATE v. ANDREWS

No. COA95-572.

468 S.E.2d 597 (1996)

STATE of North Carolina v. Jevon ANDREWS.

Court of Appeals of North Carolina.

April 16, 1996.


Attorney(s) appearing for the Case

Attorney General, Michael F. Easley by Assistant Attorney General, Thomas G. Meacham, Jr., for the State.

Appellate Defender, Malcolm Ray Hunter, Jr. by Assistant Appellate Defender, Charles L. Alston, Jr., Durham, for defendant-appellant.


EAGLES, Judge.

Defendant argues that the trial court erred by refusing to grant his request for an instruction on the lesser included charge of simple assault. We agree.

The trial court's obligation to instruct on a lesser degree of the offense charged is solely determined by "the presence, or absence, of any evidence in the record which might convince a rational trier of fact to convict the defendant of a less grievous offense." State v. Wright, 304...

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