State v. Halford

Defendant appeals from convictions for attempted rape in the first degree, ORS 163.375, ORS 161.405, sodomy in the first degree, ORS 163.405, and delivery of a controlled substance, ORS 475.992, after a jury trial. He assigns as error the trial court’s denial of his motions for mistrial. We reverse.

In his initial closing argument, the prosecutor told the jury:

“This is a case that is a little unusual in that I hope you remember, I know you remember opening statements, [defense counsel] said the defendant was going to testify, and told you what he was going to testify to—

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“The…