California, United States of America
The following excerpt is from People v. Boyette, 127 Cal.Rptr.2d 544, 29 Cal.4th 381, 58 P.3d 391 (Cal. 2002):
Defendant cites three instances in which he claims the prosecutor committed this type of misconduct. First, the prosecutor stated in closing argument that defendant's two prior drugrelated felony convictions would assist the jury in determining defendant's credibility, and that "if he were to-somehow, God forbid take the stand and say he was sorry, which you didn't see." Defense counsel immediately objected, citing Griffin, supra, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, but his objection was overruled, apparently on the ground that defendant had testified at the guilt phase. The trial court erred by overruling defendant's objection, as he did not testify at the penalty phase, the phase of trial in which he might express remorse and to which the prosecutor apparently was referring. The prosecutor's argument thus ran afoul of the rule prohibiting her from urging that a defendant should have testified at the penalty phase to express remorse. (People v. Crittenden, supra, 9 Cal.4th at p. 147, 36 Cal.Rptr.2d 474, 885 P.2d 887.)
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