People v. Pegenau

Following a jury trial, defendant was convicted of unlawful possession of Valium and Xanax. MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b). His sentence was sixty days in jail and twenty-four months’ probation. On appeal, he argues that he was denied a fair trial by certain remarks made by the prosecutor which improperly shifted the burden of proof to him. Defendant asserts, also, that there was no evidence of unlawful possession, and the jury verdict was against the great weight of the evidence. Therefore, the court erred in denying his motions for directed verdict, judgment notwithstanding the…