Sheffield v. State, 64 So. 3d 529

Sheffield was convicted of fondling his 15-year-old daughter after kissing her and touching her inner thigh in February 2008.
Two of the daughter's friends witnessed the behavior and reported it; deputy arrested Sheffield following investigation at the high school.
Trial evidence included the daughter's testimony, mother's testimony, and corroborating testimony from the friends, all describing sexually inappropriate touching.
Sheffield requested a jury instruction on simple assault as a lesser-included offense, which the trial court denied.
Jury found him guilty of touching a child for lustful purposes; sentence: 15 years with 5 suspended, plus fines and restitution.
On appeal, Sheffield challenged the denial of the simple-assault instruction and the denial of his motion for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether simple assault is a lesser-included offense of fondling	Sheffield	Sheffield	Not a lesser included offense; no evidence of fear of imminent bodily harm
Whether the trial court erred in denying a new-trial motion based on weight of the evidence	Sheffield	State	No reversal; evidence supported verdict convicting touching a child for lustful purposes

Ladnier v. State, 878 So.2d 926 (Miss. 2004) (simple assault not necessarily included in fondling elements)
Goodnite v. State, 799 So.2d 64 (Miss. 2001) (limits on lesser-included/ -non-included offenses)
Parker v. State, 825 So.2d 59 (Miss.Ct.App. 2002) (elements comparison for lesser offenses)
Williams v. State, 53 So.3d 734 (Miss. 2010) (reaffirming minority view on instructed offenses)
Brady v. State, 722 So.2d 151 (Miss.Ct.App. 1998) (lesser non-included offenses discussed)
Brooks v. State, 18 So.3d 833 (Miss. 2009) (reckless-driving instruction in aggravated assault case)
Harper v. State, 478 So.2d 1017 (Miss. 1985) (standard for evidentiary basis in lesser-offense instructions)
Lombardi, Inc. v. Smithfield, 11 A.3d 1180 (Del. 1989) (example for instructional issuance contexts)