¶1Filed 12/5/16 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota, Plaintiff and Appellee
¶13v.
¶15Marcus Benjamin Peltier, Defendant and Appellant
¶19No. 20160148
¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Cynthia Feland, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Ryan A. Keefe, Assistant State’s Attorney, Burleigh County Courthouse, 514 E. Thayer Ave., Bismarck, ND 58501, plaintiff and appellee; submitted on brief.
¶31Thomas J. Glass, 418 E. Rosser Ave., Ste. 102, Bismarck, ND 58501; defendant and appellant; submitted on brief.
¶32State v. Peltier
¶33No. 20160148
¶35Per Curiam.
¶36[¶1] Marcus Peltier appeals a criminal judgment after a jury trial. He argues the district court abused its discretion by denying his motion for a mistrial. Peltier claims the State engaged in prosecutorial misconduct by using the word “felony” in its closing arguments. The State argues it was not prejudicial to use the word “felony” in its closing arguments, because Peltier was charged with preventing arrest or discharge of other duties, and “felony” is an element of that crime. We summarily affirm under N.D.R.App.P. 35.1(a)(4), concluding the district court did not abuse its discretion in denying Peltier’s motion for a mistrial.
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Lisa Fair McEvers
¶39Daniel J. Crothers
¶40Dale V. Sandstrom
¶41Carol Ronning Kapsner