In re Pers. Restraint of Martinez
Annotate this CasePetitioner Raymond Martinez challenged his conviction for first degree burglary, contending that the State failed to prove beyond a reasonable doubt that he was armed with a deadly weapon within the meaning of the applicable statute. At trial, a knife and sheath were admitted into evidence, but none of the witnesses provided a verbal description of the sheath, or indicated whether it was fastened or unfastened when it was found on Petitioner’s person. On appeal, Petitioner alleges the prosecutor misstated the evidence, mislead the jury, and made an inflammatory statement in his closing remarks. The Court of Appeals dismissed the petition on procedural grounds without reaching the merits. The Supreme Court reviewed the record and found that the evidence presented at trial was insufficient to sustain a first degree burglary conviction. The Court vacated Petitioner’s conviction, and remanded the case to the lower court for further proceedings.
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