State v. Aker

¶1 Jimmie Lee Aker appeals the judgment entered by the Montana Third Judicial District Court, Powell County, after a jury convicted him of sexual intercourse without consent following a four-day trial in May 2011. Aker appeals his conviction on the grounds that the prosecutor committed plain error during closing argument and that Aker’s counsel provided ineffective assistance during the trial. We affirm.

¶2 We address the following issues on appeal:

¶3 1. Whether plain error review should be exercised to grant Aker a

new trial on his claim of prosecutorial misconduct during closing arguments.

¶4…