Fenster v. State

Appellant, Brett Fenster (“Fenster”), timely appeals a conviction following a jury trial of attempted second degree murder. Fenster raises seven independent challenges on appeal. First, Fenster contends that the State prosecutor’s closing argument was improper and constituted reversible error. We agree and remand for a new trial. Second, Fenster argues that he did not receive proper credit for time served. We agree and find that the trial court erred in calculating the amount of time Fenster served before sentencing. As to all other points on appeal, we affirm.

First, we hold that improper…