Does a prosecutor's statement about the presumption of innocence constitute a misstatement of the law?

California, United States of America


The following excerpt is from People v. Alvarenga, B253826 (Cal. App. 2015):

The prosecutor's remarks about the presumption of innocence were nothing more than an assertion that the prosecution had fulfilled its burden to rebut the presumption of innocence which appellant had enjoyed throughout the trial. The prosecutor's statement did not amount to a misstatement of the law, nor does there appear any reasonable likelihood the prosecutor's statement would have misled the jury as to the burden of proof. (See People v. Centeno, supra, 60 Cal.4th at p. 674; People v. Frye, supra, 18 Cal.4th at p. 970.)

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