STATE v. GROSS

No. 32614.

189 P.3d 477 (2008)

STATE of Idaho, Plaintiff-Respondent, v. JEFFREY BRIAN GROSS, Defendant-Appellant.

Court of Appeals of Idaho.

July 15, 2008.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Heather M. Carlson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


PERRY, Judge.

Jeffrey Brian Gross appeals from his judgment of conviction and five-year sentence for felony driving under the influence (DUI). Because we conclude that the prosecutor made several improper comments during closing argument that cumulatively amounted to fundamental error depriving Gross of a fair trial, we vacate Gross's judgment of conviction and remand for a new trial.

I.

FACTS AND PROCEDURE...

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