A man convicted of a June 2005 attempted robbery is entitled to a new trial because of misconduct by a Kootenai County prosecutor during closing arguments, Idaho’s Court of Appeals ruled Wednesday.

There was enough evidence to convict 31-year-old Sky J. Beebe of trying to rob an Ironwood Drive convenience store, the appeals court said. But the court ruled the conviction should be thrown out because of comments Deputy Prosecutor Marty Raap made to the jury.

Beebe, who suffers from schizoaffective disorder, escaped from a mental health ward at Kootenai Medical Center the day of the incident, walked to the gas station and demanded cash from the clerk, according to court records.

The appeals court said Raap misstated evidence in the case and appealed to the emotions of the jury.

“Most troublesome,” the court said, was a comment Raap made cautioning against “open(ing) the doors to people saying ‘I am allowed to commit crimes because of the mental illness I have.’ “

Raap, now the county’s chief deputy prosecutor, said it’s disappointing to have a case overturned on appeal. Of 100 trials he’s prosecuted, Raap said, Beebe’s is the first overturned due to prosecutorial misconduct.

“You’re in an adversarial system and sometimes things are going to go your way and sometimes they’re not,” Raap said.