State v. Pena Garcia

VANDE WALLE, Chief Justice.

[¶ 1] Jose Pena Garcia appealed from a criminal judgment entered after a jury found him guilty of actual physical control. Pena Garcia argues he was denied due process because the State engaged in pros-ecutorial misconduct when the prosecutor read case law to the jury during closing arguments. We affirm the judgment.

I

[¶ 2] In September 2010, Pena Garcia was arrested and charged with actual physical control in violation of N.D.C.C. § 39-08-01, a class B misdemeanor.

[¶ 3] A jury trial was held on March 1, 2011. The State presented evidence from Brandon Rakoczy and…