How have the courts treated a deputy's statement that a defendant had a gun violation?

California, United States of America


The following excerpt is from The People v. Casey, B214313, No. MA042406 (Cal. App. 2010):

because the jury was fully admonished that they could not speculate as to the gun violation and could not consider it in their deliberations. We presume that the jury followed that admonition. (People v. Boyette, supra, 29 Cal.4th at p. 436.) Further, defendant later admitted several prior felony convictions. He also explained his familiarity with the procedure law enforcement officers used during an arrest since he had been "arrested a couple of times." These statements make it highly unlikely that there was any prejudicial effect from the deputy's statement.

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