State v. Torres

OPINION

SERNA, Justice.

{1} Laybe Torres (Defendant) was convicted by a jury of Driving While Intoxicated (seventh or subsequent offense). While Defendant was initially pulled over for not wearing a seatbelt during a routine seatbelt enforcement operation, the arresting officer subsequently initiated a DWI investigation after smelling alcohol, observing Defendant’s bloodshot eyes, and noting Defendant’s slurred speech.

{2} In his rebuttal closing, the prosecutor told the jury that defense counsel had lied when commenting on the absence of a seatbelt citation during his closing argument, implying…