State v. Lyons

RUDMAN, Justice.

[¶ 1] Joseph Henry Lyons, III appeals both from the judgment entered in the Superior Court (Cumberland County, Cole. J.) following a jury verdict finding him guilty on two counts of gross sexual assault in violation *1104of 17-A M.R.S.A. § 253 (1983 & Supp.1997)1 and from the sentences imposed. Lyons contends that the trial court erred by refusing to grant a mistrial in response to the State’s improper closing argument. Although we agree the State’s argument was improper, we conclude that, absent the prosecutor’s allusion to the failure of the defendant to present evidence, it is…