01-0355-CR State v. Dion

By: dmc-admin//March 4, 2002//

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Ronald Dion appeals from a set of judgments convicting him of burglary, aggravated battery, and two counts of interfering with the custody of the other parent. Dion challenges the trial court’s exclusion of a prior consistent statement he made to his original defense attorney and the denial of his motion for mistrial following what Dion considers to have been an improper remark made during the prosecution’s closing argument. We conclude that the exclusion of the prior statement was a proper exercise of discretion that did not deprive Dion of his right to present a defense and that the prosecutor’s statement did not rise to the level of a due process violation, warranting a mistrial.

Accordingly, we affirm.

This opinion will not be published.

Dist IV, Columbia County, George, J., Per Curiam

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Edwin J. Hughes, Madison; Jane E. Kohlwey, Portage

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