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Holsey v. State

Under the circumstances, the trial court's error in failing to rebuke the prosecutor and give curative instructions after the defendant objected to the prosecutor's future dangerousness arguments and referred to matters outside of the evidence during closing argument was harmless.

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Rodney Calvindore Holsey was convicted of making a terroristic threat,1 simple battery,2 and family violence battery.3 Holsey filed a motion for new trial, which the trial court denied. He appeals, challenging the sufficiency of the evidence as to the terroristic threat conviction. Holsey also argues that the trial court erred during sentencing and by failing to give curative instructions after improper remarks by the prosecutor during closing argument. For the reasons that follow, we affirm.

When an appellate court reviews the sufficiency of the evidence,

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