State v. Ayala-Leyva

OPINION

KLAPHAKE, Judge.*

Appellant challenges his conviction of conspiracy to commit first-degree controlled substance crime (sale), while he or a co-conspirator possessed a firearm, and his 360-month sentence, which is an upward departure from the presumptive 86-month guidelines sentence. Because the district court did not commit plain error in its jury instructions on the unanimity requirement and because the prosecutor’s misconduct was not so prejudicial as to require a new trial, we affirm appellant’s conviction. But because the district court’s decision to impose a sentence that…