State v. McCray

OPINION

ANDERSON, G. BARRY, Justice.

Respondent Charles Howard McCray II was charged with first- and second-degree criminal sexual conduct against T.C., the 7-year-old daughter of his girlfriend. But because T.C.’s trial testimony was inconsistent with her pretrial statement regarding penetration, the district court dismissed the first-degree charge. Before closing arguments, the court instructed the jury that the penetration matter had been resolved and that “[njeither the attorneys nor I will address these matters further.” During the State’s closing argument, however, the prosecutor made…