California, United States of America
The following excerpt is from People v. Esguerra, A144295 (Cal. App. 2016):
"When the issue 'focuses on comments made by the prosecutor before the jury, [as in this case], the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.' " (People v. Cole (2004) 33 Cal.4th 1158, 1202-1203.) "Although defendant singles out particular sentences to demonstrate misconduct, we must view the statements in the context of the argument as a whole." (Id. at p. 1203; People v. Morales (2001) 25 Cal.4th 34, 44-47 [prosecutor's statement must be evaluated in the context of the entire record, including instructions and the argument as a whole].) We find no reasonable likelihood the jurors would have understood the prosecutor's argument as imposing any burden on defendant.
The judgment is affirmed.
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/s/_________
BRUINIERS, J.
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