California, United States of America
The following excerpt is from People v. Batchelor, E054475 (Cal. App. 2014):
The People contend defendant has forfeited his challenge to the prosecutor's argument because his counsel failed to object in the trial court and failed to request a jury admonition. "A defendant cannot complain on appeal of error by a prosecutor unless he or she made an assignment of error . . . in a timely fashion in the trial court and requested the jury be admonished to disregard the impropriety. [Citations.]" (People v. Mesa (2006) 144 Cal.App.4th 1000, 1006-1007.) "The only exception is for cases in which a timely objection would have been futile or ineffective to cure the harm. [Citation.]" (Ibid.)
Even if we assume for purposes of argument that the prosecutor's argument was improper, nothing in the record before us suggests the trial court would have overruled a timely and proper objection or would have failed to admonish the jury if so requested or that an admonishment would have been ineffective to cure any harm. We conclude defendant has forfeited his claim of prosecutorial misconduct. (People v. Mesa, supra, 144 Cal.App.4th at pp. 1006-1007.)
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