State v. York

*537PETERSON, J.

Defendant appeals her conviction of theft and assault arising from a shoplifting incident after which she stabbed a store employee who confronted her. The case was tried to the court without a jury. She assigns as error the denial of her motion for mistrial based on claimed misconduct of the prosecutor in advising prospective witnesses that “it would be better if we didn’t say anything” to the defense. The Court of Appeals did not express approval of the prosecutor’s advice, but affirmed the conviction.1

The state called the store manager and the assault victim as witnesses. The…