State v. Kuhnau

OPINION

GILBERT, Justice.

This appeal involves our review of a jury instruction given in a trial on a charge of conspiracy to commit the crime of first-degree sale of the controlled substance methamphetamine. Appellant Timothy Warren Kuhnau alleges error because the conspiracy instruction given at trial did not include all the elements of the substantive crime that was the object of the conspiracy. The instruction omitted the words “when Mr. Kuhnau knew or believed that the substance sold was methamphetamine.” This specific language was, however, included in the instructions given for the three…