State v. Montgomery

The opinion of the court was delivered by

SIMONELLI, J.AD.

This ease presents the novel issue of whether a defendant is entitled to a mistrial or new trial based on misconduct in the jury’s presence. We hold that a defendant cannot engage in courtroom misconduct and then expect to be rewarded with a mistrial or new trial for his or her egregious behavior where the trial judge took appropriate cautionary measures to ensure a fair trial. We, *405therefore, affirm defendant’s conviction by a jury for first-degree carjacking and numerous associated offenses. We also affirm his extended-term sentence of…