Does defendant forfeited his assertion of prosecutorial misconduct because his defense counsel did not object to the slide of the Erich Fromm quote on this specific ground?

California, United States of America


The following excerpt is from People v. Maine, F069906 (Cal. App. 2017):

The People argue defendant forfeited his assertion of prosecutorial misconduct because his defense counsel did not object to the slide of the Erich Fromm quote on this specific ground. Defense counsel argued instead the slide misstated the law and was evidence outside of the trial. In his reply brief, however, defendant accurately points out that a prosecutor who states a fact not in evidence to the jury during argument commits misconduct. (People v. Bolton (1979) 23 Cal.3d 208, 212-213.) Because defense

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