Can a jury interpret or apply a statement by a prosecutor during closing argument as evidence?

California, United States of America


The following excerpt is from People v. Fleming, F064115 (Cal. App. 2014):

Assuming without deciding that this statement by the prosecutor was misconduct, we conclude there is not a reasonable likelihood the jury construed or applied the complained-of remark in an objectionable fashion. (People v. Friend (2009) 47 Cal.4th 1, 29.) The trial court instructed the jury, pursuant to CALCRIM No. 222, that statements by attorneys during closing argument are not evidence. The trial court also admonished the jury, pursuant to CALCRIM No. 200, that it was up to them "alone" to decide what happened, "based only on the evidence that has been presented to you in this trial." Thus, we conclude it is unlikely the jury construed or applied the prosecutor's remarks in an objectionable fashion.

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