Nanton v. People

I concur with Justice Swan’s conclusion that we should reverse the Count Two convictions as to both Nicole Nanton (hereafter “Nicole”) and Virgil Nanton (hereafter “Virgil”). I write separately because I believe that an additional reason warrants the reversal. In addition, I dissent from the majority’s conclusion that Virgil’s1 Count Three conviction for assault in the third degree should be affirmed.

A. Appellants’ Count Two Convictions Should Be Reversed

1. The Failure to Instruct on the “Intent to Use” Element Warrants Reversal

I agree with Justice Swan that the Count Two convictions should…