State v. Diaz

OPINION

BIVINS, Judge.

From convictions for commercial burglary and larceny of property, defendant appeals raising two points:

1. Did the prosecutor’s comments during closing- argument deprive defendant of his right to a fair trial?

2. Did defendant receive ineffective assistance of counsel?

Because of the disposition under the first point, we do not reach the second issue.

The prosecutor made the comments complained of during closing argument, primarily during the State’s rebuttal. In his opening summation the prosecutor made references to the credibility of a co-defendant, James Marquez, who pled…