State v. Van Den Berg

GERBER, Judge,

dissenting in part:

I concur in all respects of this appeal except for the majority’s characterization of the prosecutor’s closing argument. Rather than unethical or otherwise improper, it appears to me as a wholly proper argument to the effect that, based on the prosecutor’s recall of the evidence, the elements of the crime charged were satisfied. The phrase “I think” is not an invariably improper statement of opinion, particularly so in this context.