P. v. Lewis-McKinney
Stacy E. Lewis-McKinney (appellant) was convicted, following a jury trial, of two counts of identity theft and one count of practicing nursing without a license. On appeal, she contends (1) the trial court improperly instructed the jury on the identity theft counts both by failing to describe each element of the offense and by failing to instruct that specific intent was required; (2) the court failed to instruct the jury that to be guilty of practicing nursing without a license she had to do so knowingly; (3) defense counsel was ineffective for failing to object to a material variance between the language describing the identity theft offenses in the information and in the prosecution's theory and proof at trial; and (4) introduction into evidence of a certificate of non-licensure prepared by the Board of Registered Nursing violated her federal constitutional right to confrontation. We shall affirm.
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