MONTOYA v. STATE

No. 97-207.

971 P.2d 134 (1998)

Louis MONTOYA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 22, 1998.


Attorney(s) appearing for the Case

Sylvia Hackl, State Public Defender, and Donna D. Domonkos, Appellate Counsel, for Appellant (Defendant).

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Hugh Kenny, Senior Assistant Attorney General, for Appellee (Plaintiff).

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.


LEHMAN, Chief Justice.

Appellant Louis Montoya was convicted of possession of a controlled substance in violation of W.S. 35-7-1031(c)(i), a felony offense due to Montoya's two prior possession convictions. Montoya seeks reversal of his conviction, claiming prosecutorial misconduct during closing argument. We agree that certain statements made by the prosecutor in closing were improper; however, Montoya has not demonstrated that the improper remarks rose to the level...

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