State v. Gutierrez

OPINION

PICKARD, Judge.

{1} Defendant appeals her conviction for negligent use of a firearm. Defendant raises two issues on appeal: (1) whether the trial court erred in admitting, as substantive evidence, the victim’s prior statement to police and (2) whether fundamental error occurred when the trial court failed to instruct the jury on the element of unlawfulness. We reverse on the first issue, and as a result, we do not need to address the second issue. FACTS

{2} The victim in this case is Defendant’s husband, Paul. On the day of the incident, Defendant’s friend Wanda Reed was involved in a…