Pickett v. State

Frederic Pickett appeals the trial court’s denial of his motion for new trial on the charge of witness tampering, contending that the jury was improperly instructed on a theory of the crime not charged in the information, and that this unpreserved error is fundamental, requiring a new trial. We affirm.

The evidence at trial established that on March 5, 2009, Pickett and Crystal Hawkins were arguing in Hawkins’ house. The argument escalated, and Hawkins attempted to leave her house. Pickett proceeded to punch Hawkins twice in the stomach. Hawkins had previously told Pickett that she was six…