California, United States of America
The following excerpt is from The People v. Tochihuitl, G042901, Super. Ct. No. 08CF1266 (Cal. App. 2011):
Nevertheless, the court instructed the jury to disregard the statement and we must assume that the jury followed the court's instructions. (See People v. Prieto (2003) 30 Cal.4th 226, 260 ["an admonition would have cured any prejudice from the alleged misconduct"].) Again, we reject defendant's contention that this event, which viewed within the scope of the entire trial was a rather minor digression, rises to an error of constitutional magnitude. We can hardly conclude that this statement '"infect[ed] the trial with such '"unfairness as to make the resulting conviction a denial of due process."' [Citations.]"' (People v. Parson (2008) 44 Cal.4th 332, 359.)
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The judgment is affirmed.
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