In State v. Lucero, 223 Ariz. 129,31, 220 P.3d 249, 258 (App. 2009), the trial court had asked the defendant whether a military official should be considered a law enforcement officer. Id.32. The defendant responded that he was not sure, but he agreed with the court's proposal to allow the jury to decide the issue. Id. The court noted that the defendant had neither "asked the court to instruct the jury that it was a fact question" nor "affirmatively argued for the response to try and trick the court into error." Id.33. It therefore concluded that the defendant had not invited the error.