California, United States of America
The following excerpt is from People v. Morrison, D068067 (Cal. App. 2015):
The trial court correctly instructed the jury regarding the aiding and abetting theory and further instructed the jury the arguments of counsel were not evidence and "[o]nly the witness' answers are evidence." We presume the jury followed the instructions of the court absent any contrary indication. (People v. Gray (2005) 37 Cal.4th 168, 217.)
Considering the record as a whole, we cannot conclude there is a reasonable likelihood the jury construed or applied the prosecutor's statements in an objectionable fashion. (People v. Caldwell (2013) 212 Cal.App.4th 1262, 1269.)
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The judgments are affirmed.
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