California, United States of America
The following excerpt is from People v. Montes, S059912 (Cal. 2014):
did not support a life sentence based on sympathy for that family when weighed against defendant's actions in committing the crimes. " ' "A prosecutor does not mischaracterize such evidence [offered in mitigation] by arguing it should not carry any extenuating weight when evaluated in a broader factual context." ' " (People v. Young (2005) 34 Cal.4th 1149, 1219-1220.)
Defendant contends the prosecutor committed misconduct by urging the jury to consider community values and to act as the conscience of the community. Defense counsel unsuccessfully objected to the prosecutor's comments during the trial. Defendant acknowledges we have rejected this type of claim in People v. Zambrano, supra, 41 Cal.4th at pages 1177-1178. We decline his request to reconsider the issue.
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