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Dunaway v. State5/3/2005
raised this issue in the lower court in any way. Therefore, this issue has not been preserved for appellate review. Fleming v. State, 604 So. 2d 280, 294 (Miss. 1992).
D. Improper Closing Argument
. Dunaway contends that the prosecutor's closing argument improperly stated facts not in evidence. Dunaway has failed to preserve any error pertaining to the closing argument because he failed to interpose an objection during the closing argument. "It is well settled that to preserve an objection to alleged improper remarks by counsel during closing argument, the complaining party must not only make a contemporaneous and specific objection to the remarks, but must also obtain a definitive ruling from the trial court on his objection and must request corrective action." Rials v. Duckworth, 822 So. 2d 283, 287 ( ) (Miss. 2002). Thus, we are unable to review this assignment of error.
. THE JUDGMENT OF THE CIRCUIT COURT OF PIKE COUNTY OF CONVICTION OF VEHICULAR HOMICIDE AND SENTENCE AS A HABITUAL OFFENDER TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $10,000 IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
BRIDGES AND LEE, P. JJ., IRVING, MYERS, GRIFFIS AND ISHEE, JJ., CONCUR.
KING, C.J., CONCURS IN RESULT ONLY.
BARNES, J., CONCURS IN PART AND IN RESULT.
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