State v. Mendoza-Solorio

Fernando Mendoza-Solorio, convicted of one count of delivery of a controlled substance and one count of conspiracy to deliver a controlled substance, appeals, alleging first, the charging document failed to allege an essential element of conspiracy to deliver, and second, improper vouching by a State’s witness. The State concedes the charging error, but uniquely asks to supplement the record to cure the defect. We decline to establish a rule permitting supplementation at this stage. We decide any vouching was harmless under these facts. Accordingly, we reverse the conspiracy conviction…