State v. Vineyard

REINHARD, Presiding Judge.

Defendant was convicted by a jury for the unlawful possession of a controlled substance, Schedule III, Phencyclidine. He was sentenced by the court to four years in the penitentiary under the Second Offender Act. On appeal, defendant’s sole point is that the trial court erred in refusing to grant a mistrial because of alleged improper remarks of the prosecuting attorney during the rebuttal portion of closing argument.

At trial, defendant testified as to his past criminal record which included: burglary, stealing and assault; stealing under $50.00; and distribution of…