Dwan Hendrix was convicted by a jury of the offenses of aggravated assault and possession of a firearm during the commission of a felony. His motion for new trial was denied. His subsequent appeal to this court was dismissed, but he was then granted leave to file an out-of-time appeal. Hendrix now appeals from the denial of his motion for new trial, raising three enumerations of error, all related to his contention that the trial court erred in giving a sua sponte jury instruction on the theory of self defense. We find no error, and we affirm. Construed to support the verdict, evidence was presented showing that Hendrix and K.W. have a child together. On January 12, 1996, Hendrix went to K.W.’s home to pick up the child. K.W. and Hendrix began arguing with one another outside the front door of the home. At one point Hendrix went to his car but returned and slapped K.W. The victim, K.W.’s fiancee, testified that he saw Hendrix strike K.W. The victim “flew downstairs” and began fighting with Hendrix. The victim, “a big guy,” pushed Hendrix down, hit him, and jumped on top of him.
Charlotte Carter, who had been waiting for Hendrix inside his car, and K.W. joined the fight. Carter testified that she tried to pull the victim off of Hendrix but that “the baby’s mother . . . pushed me out of the way.” Carter returned to the car, and K.W. went into the house to call the police. The victim testified that Hendrix “found a way to get to his side and pulled the gun out.” The victim got up and began “running into the house.” Hendrix was cursing and threatening to “get” him. The victim testified that Hendrix “pointed the gun; as soon as I closed the door, pow, and I felt a burning sensation and I put my hand on it and there was a handful of blood and I just fell down.” The victim told the police at the scene that Dwan Hendrix had shot him.
