Nuckles v. State

ON CONCESSION OF ERROR

After a jury trial, Donzell Nuckles was convicted of twelve counts. On appeal he challenges only one.1 As to the one count (Count 5), he argues the State failed to introduce any evidence particular to that count. The State concedes the record shows a complete lack of evidence as to Count 5. After review of the record, the State’s concession is well taken.

The State also concedes such complete lack of evidence constitutes fundamental error. The State’s concession on this point is also appropriate. A total lack of evidence constitutes fundamental error because it reaches to…