Missouri Court of Appeals October 25, 2005, ED 85164 (State v. Howard)

ORDER

PER CURIAM.

Kevin Howard (“defendant”) appeals the judgment on his conviction of one count of first-degree assault and one count of armed criminal action. Defendant claims the trial court erred in refusing to instruct the jury on the lesser-included offense of second-degree assault.

We have reviewed the briefs of the parties and the record on appeal and find no error of law.