State v. Fiallo-Lopez

An undercover buy operation for drugs— starting at a restaurant and ending a short time later in a supermarket parking lot-netted nine ounces of cocaine, buy money, and several participants in the transaction. We must decide whether (a) a unanimity instruction to the jury was required at the trial of Jose Fiallo-Lopez and (b) certain comments of the prosecutor at that trial constituted misconduct requiring reversal of the conviction. Holding that (a) no unanimity instruction was required because the activities of Fiallo-Lopez constituted a continuing course of conduct and (b) the comments of…