State v. Dull

Defendant appealed his convictions and sentences in two cases. The first case, which was tried to a jury, involved sex offenses against a thirteen-year-old, and the second case arose from an unrelated incident involving burglary and theft that was tried to the bench on stipulated facts while the jury in the first case deliberated. The Supreme Court affirmed the convictions and sentences in both cases, holding (1) prosecutor improperly opined on the credibility of a witness during the trial on the sex crime charges, but the mistake did not require reversal of Defendant’s sex crime convictions; (2) Defendant’s trial counsel did not provide him with ineffective assistance; (3) sufficient evidence supported Defendant’s sex crime convictions; and (4) Defendant’s argument that the district court’s failure to make on-the-record findings on Defendant’s departure motion rendered his sentences in the burglary and theft case illegal was without merit. View "State v. Dull" on Justia Law