Can a deputy district attorney make a closing argument about the evidence?

California, United States of America


The following excerpt is from People v. White, C065564 (Cal. App. 2012):

Defendant alleges the deputy district attorney committed prosecutorial misconduct during his closing argument by making various alleged misstatements about the evidence. They included: (1) arguing that defendant's mother and brother did not sit with him the entire night of the first robbery and "misstat[ing]" some details of his brother's testimony; (2) suggesting that the jury compare defendant's voice to the voice of the robber on the surveillance videos; (3) noting that defendant fit the general description of the robber; and (4) stating that one of the cell phone photos depicted "the same stuff" as was taken in the robberies. But defendant's trial attorney did not object to any of these comments. "'[A] defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion -- and on the same ground -- the defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety.' [Citations.]" (People v. Stanley (2006) 39 Cal.4th 913, 952.) Consequently, defendant has forfeited this argument for purposes of appeal.

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