California, United States of America
The following excerpt is from People v. Saucedo, E059903 (Cal. App. 2015):
"'[T]he term prosecutorial "misconduct" is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind. A more apt description of the transgression is prosecutorial error.' [Citation.]" (People v. Centeno (2014) 60 Cal.4th 659, 666-667.)
Here, defense counsel forfeited the claimed misconduct by failing to object. Defendant argues that we should reach the issue anyway, because it presents a question of law based on undisputed facts. This ignores the fact that, if defense counsel had objected and requested an admonition, the facts might have been changed; the trial court could have given an admonition that would have cured the prejudice defendant is claiming now. "'To consider on appeal a defendant's claims of error that were not objected to at trial "would deprive the People of the opportunity to cure the defect at trial and would 'permit the defendant to gamble on an acquittal at his trial secure in the knowledge that a conviction would be reversed on appeal.'"' [Citation.]" (People v. Mitchell (2008) 164 Cal.App.4th 442, 465.)
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