State v. Sherrod

LANSING, Chief Judge.

Adam P. Sherrod appeals from a judgment of conviction for aggravated battery, I.C. § 18-907. He argues that the district court gave an erroneous jury instruction which allowed the jury to find Sherrod guilty of a crime with which he was not charged. We find Sherrod’s argument to be meritorious, and we hold that the variance between the charging instrument and the jury’s instructions was fatal to this conviction.

FACTS

The charge against Sherrod stemmed from an incident that began as a barroom argument between Richard Grammatieo and one of Sherrod’s friends, Jeremy Riley.…