Lucero v. State

THOMAS, Justice.

The novel issue presented by Pablo Lucero (Lucero) in this case arises out of the failure, due to an electronic error in the court reporter's Stenograph machine, to preserve the jury instruction conference as part of the record. Lucero contends that the loss of the transcript of the jury instruction conference precludes judicial review of his claim that the district court erred by failing to instruct the jury on the statutory definition of the phrase "serious bodily injury." As additional issues, Lucero claims that the failure to instruct on the statutory definition of…