Gomez v. State

McFadden, Judge.

Clayton Ricardo Gomez appeals his theft by taking conviction. He argues that the trial court erred in failing to give curative instructions or to rebuke counsel because of certain comments the assistant district attorney made in opening statement. We find the error, if any, to be harmless, given that the only issue at trial was Gomez’s intent. We also conclude that, contrary to Gomez’s assertion, the state did not make a prohibited golden rule argument during closing argument. We therefore affirm Gomez’s conviction.

Gomez was convicted of taking Clyde Stutts’s boat trailer. He…