State v. Jose R.

Summary

The court held that the trial court unlawfully imposed probation following the defendant's class A felony sexual-assault convictions because the governing statutes authorized imprisonment and special parole, not probation. It vacated the sentence on those counts and remanded for resentencing, while rejecting the defendant's claims that the prosecutor improperly commented on his silence, expressed personal opinions, or relied on facts outside the evidence. The court also reaffirmed the distinct burdens applicable to general due process claims and specifically enumerated constitutional-right claims involving prosecutorial impropriety.