California, United States of America
The following excerpt is from People v. Morris, B283044 (Cal. App. 2019):
remedied them. (See Fitzgerald, supra, 29 Cal.App.3d at p. 312; People v. Carrera (1989) 49 Cal.3d 291, 320 [prosecutor's misstatements "were not so extreme or so divorced from the record that they could not have been cured by prompt objections and admonitions"].)
Moreover, the court instructed the jury that the attorneys' statements were not evidence, and that it could not rely on evidence of the 2009 robbery to conclude that appellant committed the current offenses. Together with these instructions, a specific admonition would have ensured that the jury gave no weight to any improper comment by the prosecutor. (See People v. Dennis (1998) 17 Cal.4th 468, 519 [where jury was instructed that counsel's questions and statements were not evidence, admonition could have avoided any potential harm from alleged misconduct].) Consequently, appellant has forfeited his claims of prosecutorial misconduct by failing to seek admonitions. (See Seumanu, supra, 61 Cal.4th at p. 1339.)
E. The Firearm Enhancement
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