Can a defendant bring an appeal against the finding that a prosecutor committed misconduct by requesting instructions to a jury on aiding and abetting liability?

California, United States of America


The following excerpt is from People v. Smith, G040107, No. 07CF1791 (Cal. App. 2010):

Initially, we note defendant has waived these claims by failing to timely assert them. "'A defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion, and on the same ground, the defendant objected to the action and also requested that the jury be admonished to disregard the perceived impropriety.' [Citation.]" (People v. Lopez (2008) 42 Cal.4th 960, 966.) While defendant's trial counsel objected to instructing the jury on aiding and abetting liability, she did not assert the prosecutor committed misconduct by requesting the instructions or to the timing of his request for instruction on this theory of liability.

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