GOMEZ v. STATE

No. A12A0387.

728 S.E.2d 691 (2012)

315 Ga. App. 898

GOMEZ v. The STATE.

Court of Appeals of Georgia.

May 17, 2012.


Attorney(s) appearing for the Case

Robert Ray McNeill , for Appellant.

Lee Darragh , Gainesville, John G. Wilbanks Jr. , Ellijay, for Appellee.


McFADDEN, Judge.

Clayton Ricardo Gomez appeals his theft by taking conviction. He argues that the trial court erred in failing to give curative instructions or to rebuke counsel because of certain comments the assistant district attorney made in opening statement. We find the error, if any, to be harmless, given that the only issue at trial was Gomez's intent. We also conclude that, contrary to Gomez's assertion, the state did not make a prohibited golden rule argument...

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