What is the effect of a defendant's failure to respond to questions of counsel regarding prior convictions?

California, United States of America


The following excerpt is from People v. Beckett, B269829 (Cal. App. 2017):

Because defendant never objected to any of the prosecutor's questions regarding his prior convictions, he failed to alert the trial court to purported misconduct and deprived the trial court of any opportunity to fashion an appropriate remedy as needed. Indeed, if defendant had objected and convinced the trial court it was misconduct to ask if defendant was convicted in 2003 of a crime of moral turpitude or a violation of section 273.5 (neither of which defendant answered), the trial court could have cured the error by instructing the jury that questions of counsel are not evidence. (See People v. Edwards (2013) 57 Cal.4th 658, 764 [presuming jury will follow instruction that statements of

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