State v. Herrera

OPINION

KENNEDY, Chief Judge.

{1} Israel Herrera (Defendant) raises a number of challenges to his convictions for second-degree murder and third-degree tampering with evidence. Defendant’s most substantive argument is his contention that his conviction for third-degree tampering with evidence violated his constitutional rights to due process and trial by jury because the jury was not instructed that it must find that the evidence Defendant tampered with related to a capital, first- or second-degree crime, which is an essential element of the crime of third-degree tampering. However, Defendant…