Hartry v. State

Sears, Justice.

Rodriguez Fayon Hartry appeals his conviction and life sentence for the malice murder of Delma Goddard, Jr.1 Hartry urges that his conviction must be reversed because after the trial court delayed ruling on his pre-trial motion to suppress mention of gang-related activity, the prosecution, in its opening statement, told the jury the evidence would show that the murder was gang-related, and then failed to offer any evidence of gang activity in the presentation of the State’s case. We conclude that the prosecution’s failure to offer evidence of gang-related activity, as detailed…