California, United States of America
The following excerpt is from People v. Martin, A151556 (Cal. App. 2019):
In any event, any failure to strike the testimony was harmless. Reversal of a conviction is not required "unless it is reasonably probable the outcome would have been more favorable to defendant had such evidence been excluded." (People v. Carter (2005) 36 Cal.4th 1114, 1152.) Appellant has not demonstrated how the outcome would have been different had the prosecutor's line of questioning been stricken, given that the testimony in question was that appellant did not assault her boyfriend with scissors in 2014, and that other evidencethe 2009 assault with pepper spray, two felony convictions for selling drugsestablished that appellant had a record for acts of moral turpitude. Additionally, at the close of trial, the court instructed the jury not to consider the attorney's questions and arguments as evidence.
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