State v. Diaz

COLLINS, Justice.

Jody Diaz appeals from his conviction by a Superior Court jury (Penobscot County; *1099Silsby, J.) of operating under the influence or with excessive blood alcohol in violation of 29 M.R.S.A. § 1312 (1983 and Supp.1987) (Class D).

Because we are reviewing for obvious error, we do not find that the prosecutor’s improper closing comments concerning Diaz’s expert witness warrant vacation of the judgment.1 State v. Dube, 522 A.2d 904, 907 (Me.1987). Regrettably, however, we once again find it necessary to remind the State of its overriding obligation to see that an accused receives a…