claims. However, because there are a number of such claims that can be raised in a motion for new trial, and because Griffith did not take every step available to him to raise a meaningful ineffective claim .in his case, I agree with the decision of the Court to refuse his petition for discretionary review. CLAIMS ON MOTIONS FOR NEW TRIAL Many claims can and should be litigated at the motion-for-new-trial stage. For example, if new evidence is discovered after the jury retires to deliberate, the defendant must allege that the newly discovered evidence entitles him to relief or the claim is waived. Pena v. State, 353 S.W.3d 797, 807-08 (Tex. Crim. App. 2011); see Carlisle v. St 719501, at *4 (Tex. App.-Texarkana 2002, no pet.) (not designated for publication) (<HOLDING>). OUT-OF-TIME MOTION FOR NEW TRIAL Although
holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error holding that counsel was deficient when he failed to object to error in jury charge referring to aggravated assault when the charge was assault on a public servant holding charge of kidnapping multiplicitous with aggravated assault because it was one continuous act of force holding that consent is not a defense to the charge of second degree assault where the assault occurred in the context of a prison fight between inmates