What is the effect of the prosecutor's argument to the jury in the context of provocation?

California, United States of America


The following excerpt is from People v. Dungo, C055923 (Cal. App. 2013):

The court found "[t]he prosecutor's jury argument arguably approached the improper argument condemned in People v. Najera (2006) 138 Cal.App.4th 212," namely, " ' "Would a reasonable person do what the defendant did? Would a reasonable person be so aroused as to kill somebody? That's the standard." ' " (Beltran, supra, 56 Cal.4th at p. 954, fn. 15.) The court concluded the prosecutor's jury argument "may have confused the jury's understanding of the court's instructions" by "creat[ing] an ambiguity about the nature of sufficient provocation . . . ." (Id. at pp. 955, 956.)

Having so concluded, the Beltran court considered whether the potential ambiguity created by the prosecutor's argument prejudiced the defendant. (Beltran, supra, 56 Cal.4th at pp. 955-957.) Applying the harmless error standard articulated in People v. Watson, supra, 46 Cal.2d 818, 836, the court concluded "[i]t was not reasonably probable that the jury . . . was misled to defendant's detriment." (Beltran,

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