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STATE v. MARMENTINI

No. 38273.

270 P.3d 1054 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Daniel E. MARMENTINI, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied January 6, 2012.

Attorney(s) appearing for the Case

Molly J. Huskey , State Appellate Public Defender; Spencer J. Hahn , Deputy Appellate Public Defender, Boise, for appellant.

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

LANSING, Judge.

Daniel E. Marmentini was convicted of felony driving under the influence. He asserts that his conviction should be vacated because the prosecutor committed misconduct during closing arguments, violating his due process right to a fair trial. We affirm.

I.

BACKGROUND

A law enforcement officer driving behind Marmentini on the highway noticed that Marmentini was swerving within his lane and repeatedly exiting and re-entering...

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