State v. Duong
Annotate this CaseDefendant Ho Duong was convicted of aggravated indecent liberties with a child. The district court judge sentenced Duong to sixty-one months in prison and lifetime postrelease supervision with lifetime electronic monitoring. The Supreme Court affirmed Duong's conviction and vacated the electronic monitoring portion of his sentence, holding (1) the prosecutor's comments in closing argument did not deny Duong a fair trial; (2) the district judge's omission of a cautionary eyewitness identification instruction was not clearly erroneous; (3) Duong's objection to the district judge's Allen-type instruction was not specific, and the district court judge did not clearly err in giving the instruction; and (4) the journal entry of judgment ordering lifetime electronic monitoring was in error because the district judge lacked power to impose parole conditions.
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