Is it reasonable for the Attorney General to argue that statements (5) and (7) referred to facts not in evidence and therefore improper?

California, United States of America

The following excerpt is from People v. Peoples, 198 Cal.Rptr.3d 365, 365 P.3d 230, 62 Cal.4th 718 (Cal. 2016):

As the Attorney General concedes, statements (5) and (7) referred to facts not in evidence and were therefore improper. Nevertheless, it is not reasonably possible that statements (5) and (7) affected the death verdict. (People v. Brown (1988) 46 Cal.3d 432, 448, 250 Cal.Rptr. 604, 758 P.2d 1135.) Both remarks were brief and tangential to the issues in the case, and the trial court correctly sustained defense objections to these statements.

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