Can a defendant appeal against a finding of misconduct for failing to object to comments made by a prosecutor in a witness statement?

California, United States of America

The following excerpt is from People v. Campbell, A153161 (Cal. App. 2020):

misconduct on appeal unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety." (People v. Samayoa (1997) 15 Cal.4th 795, 841.) Because defendant's counsel failed both to object to the prosecutor's comments and to request the court to instruct the jury to disregard the allegedly improper argument, he has forfeited this contention on appeal. (See People v. Alfaro (2007) 41 Cal.4th 1277, 1329.)

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