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State v. Jarvis8/13/2002
played a substantial part in influencing the jury to convict. See State v. Bonn, 412 N.W.2d 28, 30รก(Minn. App. 1987) (concluding defendant was not denied right to fair trial where prosecutor's remarks were inadvertent, the prejudicial impact was speculative and minimal, and the evidence implicating the defendant was overwhelming), review denied (Minn. Oct. 21, 1987). We conclude the district court did not err by denying appellant's motion for new trial based on prosecutorial misconduct.
DECISION
The evidence is sufficient to sustain appellant's conviction for first-degree criminal sexual conduct. Different facts and/or the same facts can be used by the state to prove more than one essential element of a criminal act.
The officers did not violate the Scales recording requirement. We decline to extend Scales to the circumstances of this case.
The prosecutor did not commit serious misconduct. Appellant's constitutional right to a fair trial was not impaired.
Affirmed.
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