Can a prosecutor be admonished for comments he made to a defense counsel?

California, United States of America


The following excerpt is from People v. Bonilla, B216456 (Cal. App. 2011):

First, this argument has been forfeited. It is well established that in order "[t]o preserve a claim of prosecutorial misconduct for appeal, a criminal defendant must make a timely objection, make known the basis of his objection, and ask the trial court to admonish the jury.... Failure to make a specific and timely objection and request that the jury be admonished forfeits the issue for appeal unless such an objection would have been futile." (People v. Brown (2003) 31 Cal.4th 518, 553.) Defense counsel objected to the prosecutor's comment but did not seek any admonition, although an admonition surely would have cured any prejudice the comments may have caused. There is no indication that seeking an admonition would have been futile, and thus appellant's argument is forfeited.

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