People v. Smith

JUSTICE GABRIEL delivered the Opinion of the Court.

¶ 1 In this case we consider two issues: (1) whether defendant Adam Isolano Smith waived or invited error with respect to his claim of a prejudicial simple variance when defense counsel stated that the proposed jury instructions were generally acceptable and (2) whether a jury instruction that does not identify the particular victim named in the charging document creates a simple variance warranting reversal when the jury could potentially have deemed either of two people to be the victim. In light of our opinion in People v. Rediger , 2018…