State v. McDonald

ROBERTS, Justice.

Kenneth McDonald appeals from his conviction of attempted murder, 17-A M.R.S.A. § 152, aggravated assault, 17-A M.R.S.A. § 208, and reckless conduct with a firearm, 17-A M.R.S.A. § 211, following a jury trial in Superior Court, Kennebec County. McDonald contends that during final argument to the jury the prosecutor made an impermissible reference to the defendant’s election not to testify and committed other improprieties. Because we agree, we vacate the judgment of conviction.

We need not address the particular merits of each of McDonald’s claims, since we find that the…