California, United States of America
The following excerpt is from People v. Tatum, 209 Cal.Rptr.3d 510, 4 Cal.App.5th 1125 (Cal. App. 2016):
Significantly, counsel declined the court's offer to give any admonishment to the jury. And having lost the motion for a mistrial, counsel made the tactical choice to do nothing else. Appellant should not now be heard to complain about the potential consequences of counsel's strategic decision. (See People v. Fuiava (2012) 53 Cal.4th 622, 653, 137 Cal.Rptr.3d 147, 269 P.3d 568 [a defendant may not challenge on appeal alleged shortcomings in the trial court's voir dire of the prospective jurors when the defendant, having had the opportunity to alert the trial court to the supposed
[209 Cal.Rptr.3d 517]
problem and to fix it, decides not to do so].)
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