California, United States of America
The following excerpt is from People v. Linden, G057929 (Cal. App. 2020):
We assume the jury followed the court's directions and (1) observed the court's admonition regarding burden of proof and (2) disregarded any arguments about evidence that the defense should have produced but did not. (See People v. Bennett (2009) 45 Cal.4th 577, 595.)
In short, "[s]everal of the prosecutor's comments elicited no objection, could have been cured by jury admonition and will not be considered on appeal. [Citation.] Others were the subject of court admonitions which cured the error, if any. [Citation.]" (People v. Sawyer (1967) 256 Cal.App.2d 66, 78.) We cannot find a basis for reversing defendant's conviction for prosecutorial misconduct.
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The judgment is affirmed.
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