State v. Clark

BILLINGS, Justice.

The defendant brings forward two assignments of error, claiming:

1. The trial court erred in allowing the State to argue improper and prejudicial matters to the jury; and

2. The trial court erred in sentencing the defendant by failing to find certain mitigating factors presented by the evidence.

We first consider the defendant’s contention that he is entitled to a new trial as a result of the prosecutor’s allegedly prejudicial remarks during closing argument.

During the State’s argument to the jury, defense counsel interposed objections four times. The first objection was made…