State v. Fraga

The Supreme Court affirmed Defendant’s first-degree murder conviction in connection with the death of his two-year-old niece.This appeal followed from Defendant’s third trial, which involved the same five counts of murder as Defendant’s second trial. The jury found Defendant guilty of five counts of murder. The district court sentenced Defendant on the first count - first-degree murder while committing criminal sexual conduct - imposing the mandatory sentence of life in prison without the possibility of release. The Supreme Court affirmed but remanded to the district court for correction of the sentencing order, holding (1) two alleged errors in the district court’s evidentiary rulings did not affect the verdict; (2) the prosecutor did not commit plain error during closing argument; (3) the alleged errors, when considered cumulatively, did not deny Defendant a fair trial; and (4) the district court’s sentencing order erroneously stated that Defendant was convicted of all five murder charges. View "State v. Fraga" on Justia Law