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GILBERT v. STATE

No. A-4150.

891 P.2d 228 (1995)

Martin L. GILBERT, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 10, 1995.

Attorney(s) appearing for the Case

Gordon G. Goodman, Robinson, Beiswenger & Ehrhardt, Soldotna, for appellant.

John A. Scukanec, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and MANNHEIMER, JJ.

OPINION

BRYNER, Chief Judge.

Martin L. Gilbert was convicted by a jury of sexual assault in the first degree, AS 11.41.410(a)(1), and assault in the first degree, AS 11.41.200(a)(2). Gilbert appeals, claiming that the trial court improperly overruled his objection to the prosecutor's final argument, which commented on Gilbert's failure to call a witness in his defense. We reverse.

On the night of April 12-13, 1988, Gilbert, who worked aboard...

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