Does a prosecutor misstate the People's burden of proof?

California, United States of America


The following excerpt is from People v. Inestroza, E062988 (Cal. App. 2016):

In the context of the prosecutor's entire argument, along with the court's instructions to the jury, the prosecutor did not misstate the People's burden of proof. "When attacking the prosecutor's remarks to the jury, the defendant must show that, '[i]n the context of the whole argument and the instructions' [citation], there was 'a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. [Citations.] In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements. [Citation.]' [Citations.]" (People v. Centeno, supra, 60 Cal.4th at p. 667.)

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