When will a jury admonish a defendant for failing to object to a statement by a prosecutor?

California, United States of America


The following excerpt is from People v. Smith, G040107, No. 07CF1791 (Cal. App. 2010):

As before, we note defendant failed to object to this statement or request the jury be admonished. Thus, the issue has been waived. (People v. Lopez, supra, 42 Cal.4th at p. 966.)

Even on the merits, defendant's argument fails. "Regarding the scope of permissible prosecutorial argument, '"'a prosecutor is given wide latitude during argument.'"'" (People v. Stanley, supra, 39 Cal.4th at p. 951.) "[W]hen the claim focuses upon comments made by the prosecutor before the jury, 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. [Citation.]" (People v. Samayoa (1997) 15 Cal.4th 795, 841.)

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