In what circumstances will a jury reject a motion for a mistrial based on the sole misstatement in a prosecutor's rebuttal statement?

California, United States of America


The following excerpt is from People v. Mojado, C088336 (Cal. App. 2020):

In light of the above, it is not reasonably likely that the jury understood or applied the prosecutor's sole misstatement, which was objected to and quickly corrected, in an improper or erroneous manner. (People v. Woodruff, supra, 5 Cal.5th at p. 765.) Nor was defendant's chance to receive a fair trial irreparably damaged. (Peoples, supra, 62 Cal.4th at p. 802.) Thus, the trial court did not abuse its discretion in denying defendant's motion for mistrial based on the prosecutor's rebuttal statement.

The judgment is affirmed.

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