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State v. St. Clair4/30/2003
n I, evidence that St. Clair was more intoxicated on February 23, 2002 than on April 14, 1998 was adduced at trial independently of the DPA's cross-examination. Thus, the DPA was merely attempting to determine whether St. Clair was aware that he was more intoxicated when he killed O'Brien than when he had his DUI accident on April 15, 1998, and, thereby, elicit further evidence that St. Clair consciously disregarded a substantial and unjustifiable risk that his conduct would cause the death of another.
Accordingly, the circuit court did not err in concluding that " o prosecutorial misconduct occurred" and, consequently, denying St. Clair's motions to dismiss the charges against him with prejudice and for a new trial.
IV. CONCLUSION
In light of the foregoing, we affirm the circuit court's judgment of conviction and sentence.
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