What is the test for a defendant to complain on appeal of a finding of misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Red, E056593 (Cal. App. 2014):

"'"[A] defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety." [Citation.]' [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 760.) Since defendant did not object to the punishment comments at the trial court on the ground of prosecutorial misconduct, we conclude the matter has been forfeited for appeal.

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