Does a defendant have a claim of prosecutorial misconduct on appeal?

California, United States of America


The following excerpt is from People v. Flores, F069504 (Cal. App. 2016):

In any event, defendant has forfeited this claim on appeal. As explained above, "[i]t is well settled that making a timely and specific objection at trial, and requesting the jury be admonished ..., is a necessary prerequisite to preserve a claim of prosecutorial misconduct for appeal. [Citations.] 'The primary purpose of the requirement that a defendant object at trial to argument constituting prosecutorial misconduct is to give the trial court an opportunity, through admonition of the jury, to correct any error and mitigate any prejudice.' [Citation.]" (People v. Seumanu (2015) 61 Cal.4th 1293, 1328.)

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