Can a defendant bring an appeal against the finding that a prosecutor improperly referred to his status as a sex offender rather than his crimes?

California, United States of America


The following excerpt is from People v. Czub, C046682 (Cal. App. 8/22/2007), C046682 (Cal. App. 2007):

Defendant contends this argument was improper, because it invited the jury to convict him based on his status as a sex offender rather than his commission of the current offenses. However, defendant did not object to this argument at the time it was made and, therefore, has forfeited the issue for purposes of appeal. (People v. Clair (1992) 2 Cal.4th 629, 662 ["`It is, of course, the general rule that a defendant cannot complain on appeal of misconduct by a prosecutor at trial unless in a timely fashion he made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety.'"]

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