Terrien v. State

Michelle Terrien was tried and convicted for (1) introduction of contraband into a state correctional institution and (2) conspiracy to introduce contraband into a state correctional institution. On appeal, she argues that the trial court fundamentally erred when it instructed the jury on an alternative theory for committing the first offense which was not alleged in the charging document. We agree and therefore reverse Terrien’s conviction for introduction of contraband into a state correctional institution.1

*649On March 25, 2009, the state charged Terrien with, among other crimes, introduction…