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Buggle v. State

The defendant was not entitled to a sua sponte charge on no duty to retreat.

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Dan Buggle appeals from the judgment entered after a jury found him guilty of aggravated assault. Buggle claims that trial counsel was ineffective and also claims that the trial court erred in its charge to the jury. After reviewing the record, we conclude there was no error and affirm. The evidence at trial, taken in the light most favorable to the verdict, was that on the night in question, Buggle, the victim Chris Bradford, and Brandon Greenwalt, were driving around in Buggle’s truck when they decided to steal some video games. According to Greenwalt, both Buggle and Bradford had been taking the prescription drug Xanax and were “high.” Buggle and Bradford went into a game store and each stole a video game. They then took the games to a Wal-Mart and exchanged them for a gift card. Because Buggle needed gas, they took the gift card to the Wal-Mart gas station and Buggle filled the tank of his truck with gas. Bradford became angry when he discovered that Buggle had used the whole gift card for gas because he wanted to buy cigarettes.

An altercation ensued until the store clerk came out and the fighting stopped. Buggle told Bradford he would have to find his own way home and walked over to get into his truck. Bradford walked around to the back of the truck and hit the tailgate. Buggle then turned around, ran back to Bradford and stabbed him. Buggle then got back in the truck and drove off. Greenwalt, who did not know what had happened, looked back and saw Bradford lifting up his shirt. When he asked Buggle why Bradford would be doing that, Buggle replied, “he’s probably trying to find out where I stabbed his ass.”

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