State v. Jose R.

Summary

The court held that the trial court imposed an illegal sentence by adding probation to the defendant's convictions for class A felony sexual assault, for which the applicable statutes authorized imprisonment and special parole rather than probation. The court also rejected the defendant's claims that the prosecutor improperly commented on his silence, expressed personal opinions about the evidence and guilt, or relied on facts outside the evidence. The sentence was vacated and the case remanded for resentencing, while the convictions and remaining aspects of the judgment were affirmed.