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Van Doran v. State

Evidence that defendant stabbed the unarmed victim with a knife supported trial court's refusal to charge on the lesser included offense of simple battery.

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Richard Van Doran was convicted of aggravated assault for stabbing and cutting Terry Crawford with a knife, and of possessing a knife during the commission of that aggravated assault. He appeals, arguing that the trial court erred in not instructing the jury that reckless conduct and simple battery are lesser included offenses of the aggravated assault charge. The argument is without merit.

“Absent a written request for a charge on a lesser included offense, made at or before the close of the evidence, the failure to so charge is not error.”1 Van Doran admits in his appellate brief that he made no request, written or otherwise, for a charge on reckless conduct as a lesser included offense of aggravated assault. Absent such a written request, the trial court did not err in failing to charge the jury on reckless conduct.2

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