State v. Infante

OPINION

SCHELLHAS, Judge.

Following his conviction of second-degree assault, appellant argues that he was denied his right to a public trial when his sister and a “young child” were removed from the courtroom during the state’s closing argument. Appellant also argues that the district court plainly erred by failing to instruct the jury that it must unanimously decide which of two physical acts constituted the charged assault, if either. Because the two alleged acts were part of a single behavioral incident and did not constitute distinct instances of an element of the charge, we conclude that a…