AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted for DWI. During the trial, the prosecutor made a closing comment that the Defendant argued was an improper appeal to sympathy or prejudice, specifically by inviting the jury to consider their personal safety or that of their children in relation to the DWI charge (para 2).

Procedural History

• APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Jacqueline D. Flores, District Judge: The Defendant was convicted for DWI.

Parties' Submissions

• Defendant-Appellant: Argued that the prosecutor's closing comment constituted an improper appeal to sympathy or prejudice and requested a curative instruction (para 2).
• Plaintiff-Appellee: The summary does not provide specific arguments made by the Plaintiff-Appellee in response to the Defendant's appeal.

Legal Issues

• Whether the prosecutor's closing comment constituted an improper appeal to sympathy or prejudice and whether the district court's denial of a curative instruction constituted reversible error (para 2-3).

Disposition

• The Court of Appeals affirmed the conviction for DWI (para 4).

Reasons

• Per LINDA M. VANZI, Chief Judge (JULIE J. VARGAS, Judge, JENNIFER L. ATTREP, Judge concurring): The Court found the prosecutor's comment to be brief and isolated, not infringing upon any constitutional protection, and thus not constituting reversible error. The Court emphasized the broad discretion afforded to trial judges in managing closing arguments and the appellate court's reluctance to reverse jury verdicts and trial court judgments based on the limited perspective of a written record, concluding that the circumstances did not warrant a reversal of the Defendant's conviction (paras 2-4).