California, United States of America
The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):
The prosecutor's comments did not suggest to the jury that these facts were to be considered in aggravation. Rather, the remarks were an appropriate response to defendant's previous testimony as to his good character and, in particular, as to his religious devotion. A defendant who offers evidence of his or her good character widens the scope of the evidence of bad character that may be introduced in rebuttal. (People v. Noguera, supra, 4 Cal.4th 599, 644, 15 Cal.Rptr.2d 400, 842 P.2d 1160.) "The scope of rebuttal legitimately embraces argument by the prosecutor 'suggesting a more balanced picture of [the accused's] personality.' [Citation.]" (Ibid.) The argument was proper.
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