State v. Vallejo

BRYANT, Judge.

Where the trial court properly instructed the jury on trafficking in heroin, we find no error. We decline defendant's request to invoke Rule 2 on the unpreserved issue of variance, and likewise overrule defendant's ineffective assistance of counsel claim based on that issue. Where defendant failed to object to the trial court's ruling on a proposed stipulation, or otherwise argue plain error on appeal, the issue is dismissed.

On 9 March 2015, defendant Robert Vallejo was indicted by the grand jury on charges of (1) level two trafficking in heroin by possession; (2) level two…