Is a defendant's contention that the prosecutor's remarks were not so inflammatory as to divert the jury's attention or invite an irrational response?

California, United States of America


The following excerpt is from People v. Zapien, 17 Cal.Rptr.2d 122, 4 Cal.4th 929, 846 P.2d 704 (Cal. 1993):

Defendant's contention also fails on the merits. The prosecutor's remarks were not "so inflammatory as to divert the jury's attention from its proper role or invite an irrational response. [Citation.]" (People v. Fierro, supra, 1 Cal.4th 173, 235, 3 Cal.Rptr.2d 426, 821 P.2d 1302.)

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