State v. Sosa

OPINION

BOSSON, Justice.

{1} Jim Sosa (Defendant) was tried and convicted of two counts of sexual assault based on the victim’s alleged inability to consent due to alcohol and perhaps drug-related intoxication. The parties hotly contested any suggestion that Defendant might have given the victim a so-called date-rape drug. During closing arguments, the prosecutor made a statement which, according to Defendant, implied that drugging evidence did exist but had been withheld from the jury by the court. Based on that one statement, Defendant claims fundamental error and demands a new trial, or even…