State v. Bourrage

Introduction

Jeffrey Bourrage (Defendant) appeals from a judgment of conviction of possession of a controlled substance and unlawful use of a weapon. Defendant alleges the trial court plainly erred in failing to sua sponte strike portions of the prosecutor’s rebuttal closing argument, failing to declare a mistrial, or in the alternative, failing to hold an investigative hearing on alleged juror misconduct, finding him to be and sentencing him as a persistent offender, and entering a written sentence and judgment that materially differed from the court’s oral pronouncement of sentence. We…