California, United States of America
The following excerpt is from People v. Ochoa, A153105 (Cal. App. 2020):
Appellant argues the failure to object was ineffective assistance. We disagree. " 'Generally, failure to object is a matter of trial tactics as to which we will not exercise judicial hindsight. . . . A reviewing court will not second-guess trial counsel's reasonable tactical decisions.' " (People v. Riel (2000) 22 Cal.4th 1153, 1185.) Trial counsel may have reasonably determined that it would be more effective to respond to the comment in his argument, which he did.
Appellant's separate contention that the prosecutor's argument constituted misconduct is forfeited. " 'A claim of prosecutorial misconduct is ordinarily preserved for appeal only if the defendant made "a timely and specific objection at trial" and requested an admonition,' " unless "an objection would have been futile or a request for admonition ineffectual." (People v. Potts (2019) 6 Cal.5th 1012, 1035.) Appellant does not contend an objection would have been futile, but argues an admonition would not have
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