State v. Noriega

OPINION

SULT, Judge.

Pedro Noriega, Jr. (“defendant”) appeals his convictions and sentences, contending that the trial court erred by refusing to give his requested jury instruction concerning mere presence. Because we conclude that the instruction should have been given, we reverse the judgments of conviction and remand for a new trial.

PROCEDURAL HISTORY

Defendant was charged by indictment with four counts of threatening or intimidating. These offenses were charged as class four felonies because of the additional allegation that they were committed to promote, further, or assist the interests…