State v. Cohen

Defendant appeals from a jury conviction for possession and cultivation of marijuana. He claims that plain error occurred when (1) the trial court failed to provide curative instructions sua sponte after the prosecutor’s improper closing argument; (2) the prosecutor presented an improper theory of the case during rebuttal; (3) the trial court denied his motion for a new trial; and (4) the trial court gave inadequate jury instructions relating to reasonable doubt. He also contends that he was denied due process during the sentencing hearing because he was not given timely notice of the State’s…