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Kelly v. State

Juror did not have to be stricken for cause merely because she had strong feelings against people who drink and drive, since she said she could render a fair and impartial verdict on defendant's DUI charge.

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A jury found Jacqueline Kelly guilty of driving under the influence of alcohol to the extent that it was less safe for her to drive. On appeal, Kelly challenges the sufficiency of the evidence. Additionally, she contends that the trial court erred in: 1 refusing to excuse a juror for cause; 2 denying her motion for a mistrial; 3 admitting evidence of her character; and 4 allowing improper closing argument by the State. As the evidence was sufficient and Kelly’s other arguments present no basis for reversal, we affirm.

1. In reviewing Kelly’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict.1 “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.”2

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