¶1concurring in the result.
¶2[¶ 36] I concur in the result. I agree that the district' court must adequately inform the jury, and the failure to include any distinguishing information in the jury instructions on the separate counts to the jury instructions did not adequately inform the jury. While, ultimately, it is the district court’s responsibility to instruct the jury, the prosecutor and the defense attorney did little to be helpful"to the district court. The defense attorney failed to provide any proposed jury instructions as allowed by N.D.R.Crim.P. 30(a)(1) and, ultimately, agreed with the instructions given. by the court and thereby invited the error. The prosecutor objected to attaching the charging document as requested by the defense, but failed to offer any proposed instruction to address the issue of distinguishing between the counts alleged. Had the prosecutor even read the charging document, as required by N.D.C.C. § 29-21-.01(1), the jury could have distinguished between the separate counts alleged and my position might have been different. While still error by the court, this perhaps would not be plain error requiring reversal.
¶3[¶37] LISA FAIR McEVERS