People v. Williams

Minor testified that Defendant, who pulled up alongside minor in his vehicle, asked him if he wanted to buy Jordan shoes, and minor saw that pornography was playing on a laptop tilted partway toward vehicle window. Court improperly instructed jury on distribution of harmful material to a minor, as that was not charged nor pursued as theory by State at trial. Court thereby introduced a new theory not argued by the State, without Defendant having opportunity to defend himself against it. Jury may not have found Defendant guilty of child abduction absent that instruction. (APPLETON and TURNER, concurring.)