People v. Johnson

Defendant was found guilty after a jury trial of unlawful possession of cannabis and unlawful possession of a weapon by a felon. Defendant appealed and the appellate court remanded for a Krankel hearing but did not issue an opinion on additional arguments defendant made regarding closing arguments. On remand, defendant withdrew his ineffective assistance of counsel claim and, after appellate motion practice, the appellate court recalled its mandate and considered defendant’s argument that the State’s closing argument constituted prosecutorial misconduct. The appellate court affirmed, finding that while the prosecutor made several improper remarks during closing argument, including vouching for police witnesses, reversal was not warranted under the prejudice prong of the plain error review. (VAUGHAN and McHANEY, concurring)