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Kim v. State

The prosecutor did not solicit the accomplice's testimony, which identified the defendant as a gang member.

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Following a jury trial, Tome Sang Kim appeals his conviction for trafficking in methamphetamine,1 arguing that because the prosecutor improperly elicited inadmissible character evidence, the trial court erred in denying his motion for mistrial and his motion for a new trial. We hold that Kim failed to timely renew his motion for mistrial after curative instructions were given, and that there was no prosecutorial misconduct in any case. Accordingly, we affirm. Viewed in favor of the verdict, Davis v. State ,2 the evidence shows that Kim drove with an accomplice to a parking lot, where the accomplice had arranged to sell a large amount of methamphetamine to a confidential informant “CI”. After dropping off the accomplice, Kim drove the car to a nearby lot while the parties discussed the transaction. The accomplice contacted Kim by walkie-talkie to return with the car to show the methamphetamine to the CI, which Kim did. After the CI signaled police that the methamphetamine was in the car, police promptly arrested Kim and the accomplice and removed the contraband, which totaled 879 grams of methamphetamine, from the car.

Both Kim and the accomplice were indicted for trafficking in methamphetamine, resulting in the accomplice pleading guilty and testifying against Kim. After a jury found Kim guilty, he moved for a new trial, which was denied. This appeal followed.

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