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STATE v. PENA GARCIA

No. 20110090.

812 N.W.2d 328 (2012)

2012 ND 11

STATE of North Dakota, Plaintiff and Appellee v. Jose H. PENA GARCIA, Defendant and Appellant.

Supreme Court of North Dakota.

January 12, 2012.

Attorney(s) appearing for the Case

Carmell Faye Mattison (argued), Assistant State's Attorney and Jennifer Albaugh (on brief), third-year law student, Grand Forks, N.D., for plaintiff and appellee.

David Neil Ogren , Grand Forks Public Defender Office, Grand Forks, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Jose Pena Garcia appealed from a criminal judgment entered after a jury found him guilty of actual physical control. Pena Garcia argues he was denied due process because the State engaged in prosecutorial misconduct when the prosecutor read case law to the jury during closing arguments. We affirm the judgment.

I

[¶ 2] In September 2010, Pena Garcia was arrested and charged with actual physical control in...

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