People v. Constant

*844ERICKSON, Justice.

We granted certiorari to review People v. Constant, Colo.App., 623 P.2d 63 (1980), which granted the defendant, Gardy Constant, a new trial because the prosecutor’s closing argument called the jury’s attention to the fact that the defendant was laughing while the complaining witness testified and during the prosecution’s closing argument. We reverse the judgment of the court of appeals and remand to the court of appeals with directions to affirm the judgment of conviction.

The defendant was convicted by a jury of first-degree sexual assault,1 second-degree burglary,2 and…