State v. Johnson

LANSING, Chief Judge.

Lonnie Robert Johnson was convicted by a jury of grand theft. He appeals, arguing that there was insufficient evidence to support the jury’s grand theft verdict. He also asserts that the district court erred by giving insufficient jury instructions, excluding a defense witness’s testimony as a discovery violation sanction, and assessing restitution, and that the prosecutor committed misconduct during closing arguments.

I

BACKGROUND

Around October 19, 2007, Union Pacific Railroad (UPR) reported the theft of copper signal wire that had been cut down from UPR’s signal poles. A…