State v. Jose Batista-Salva

**820 The defendant, Jose Batista-Salva, appeals his conviction for witness tampering following a jury trial in Superior Court ( Colburn , J.). See RSA 641:5, I (2016). He raises three arguments on appeal, each of which is premised on an underlying argument that the witness tampering indictment was impermissibly constructively amended. To the extent his arguments are not preserved, he asks us to waive our preservation requirement or consider them under plain error review. We affirm.

The jury could have found the following facts. On January 3, 2016, a man robbed a Wendy's restaurant in Nashua.…