How have the courts treated a prosecutor's comment to a defendant's objection to a statement from the record?

California, United States of America


The following excerpt is from People v. Villaneda, B268868 (Cal. App. 2017):

As noted above, the trial court sustained defendant's objection to the statement and immediately struck the statement from the record while instructing the jury to disregard it. Moreover, when instructing the jury prior to deliberations, the trial court told the jury that they must disregard any testimony stricken from the record and may not consider it for any purpose. Further, the trial court instructed the jury that "[n]othing the attorneys say is evidence" and that "their remarks are not evidence." We presume the jury understood the court's multiple instructions to ignore the prosecutor's comment and followed them. (People v. Archer, supra, 215 Cal.App.3d at p. 204.) We also note that the prosecutor's comment was brief and that it was

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