In what circumstances will the court waive an objection to the prosecutor's argument to the jury in an assault case?

California, United States of America


The following excerpt is from People v. Mendez, E060219 (Cal. App. 2014):

objection to the prosecutor's argument was made at trial and any error may be deemed waived. (See generally People v. Scott (2012) 203 Cal.App.4th 1303, 1309.) In any event, we read the comments as not seriously misleading even if incorrect. The jury was instructed that "[g]reat bodily harm means significant or substantial physical injury." There is no reason to suppose that it followed the prosecutor's convoluted and unpersuasive suggestion.

The judgment is affirmed.

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