Does a prosecutor have to make a timely objection to a claim of prejudicial misconduct?

California, United States of America


The following excerpt is from People v. Vallejo, 154 Cal.Rptr.3d 341, 214 Cal.App.4th 1033 (Cal. App. 2013):

Appellant contends that, during closing argument, the prosecutor committed prejudicial misconduct by repeatedly stating that appellant had brought a gun to a fistfight. Appellant acknowledges that his counsel did not object to this characterization of his conduct. Appellant has therefore not preserved the issue for appellate review. To preserve a claim of prosecutorial misconduct for appeal, a criminal defendant must make a timely objection, make known the basis of his objection, and ask the trial court to admonish the jury. [Citation.] ( People v. Brown (2003) 31 Cal.4th 518, 553, 3 Cal.Rptr.3d 145, 73 P.3d 1137.)

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