State v. KerbaughCriminal No. 950066

Per Curiam.

David Kerbaugh appealed from the judgment of conviction entered upon the jury verdict of guilty of theft by deception in violation of section 12.1-23-02, NDCC. Kerbaugh argues that the statements made by the prosecutor during closing arguments were prejudicial and were not cured by the trial court's cautionary instruction to the jury.

We affirm under N.D.R. App. P. 35.1(a)(4). See State v. Schimmel, 409 N.W.2d 335 (N.D. 1987).

Gerald W. VandeWalle, C. J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Benny A. Graff, D. J.

Graff, Benny A., D.J., sitting in place of Sandstrom, Dale V., J., disqualified.