What is the effect of the prosecutor misstated the burden of proof in his closing argument?

California, United States of America


The following excerpt is from People v. Mondragon, E067008 (Cal. App. 2018):

Viewing the record as a whole, we conclude it is not reasonably probable the jury disregarded instruction on the burden of proof, or that the outcome would have been more favorable to defendant, had the prosecutor not misstated the burden of proof during closing argument. In turn, because the challenged statements made by the prosecutor during closing argument do not constitute prejudicial error, defendant has not established ineffective assistance of counsel based on a failure to object to the challenged portions of the prosecutor's argument. (Strickland v. Washington, supra, 466 U.S. at p. 697.)

Page 27

The judgment is affirmed.

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