Can a defendant appeal against a statement by the Attorney General that "y]y]ou would have to find that none of it is true"?

California, United States of America


The following excerpt is from People v. Meyer, A144615 (Cal. App. 2017):

The Attorney General contends that the claim of prosecutorial error is forfeited. Defendant concedes that his trial counsel failed to seek a curative admonition to the first comment, and that even after the objection was sustained, counsel failed to make any objection at all to the statement that "[y]ou would have to find that none of it is true." He argues that we should consider the claim nonetheless in order to enforce the prosecutor's duty to uphold the law and to uphold defendant's right to a fair trial. We are not persuaded by this argument.3 Because the alleged error was to one point only and not pervasive throughout the prosecutor's argument, it was susceptible to being cured; further, there is nothing to suggest that the trial court would not have given an admonition if one had been requested. Thus the failure to timely object and request an admonishment

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bars defendant from raising the prosecutor's comments on direct appeal. (People v. Scott (1994) 9 Cal.4th 331, 351.)

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