State v. Caldwell

OPINION

ROSS, Judge.

Tierre Caldwell shot P.B. in the knee and was found guilty of first-degree assault, first-degree assault for the benefit of a gang, drive-by shooting, and drive-by shooting for the benefit of a gang. Caldwell argues on appeal that the district court abused its discretion by prohibiting his counsel from commenting to the jury on the state’s failure to elicit an in-court identification of him from a testifying witness, that there was insufficient evidence to prove that he shot P.B. “for the benefit of a gang,” and that his convictions of first-degree assault and drive-by…