Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial?

California, United States of America


The following excerpt is from People v. Tellez, C077915 (Cal. App. 2019):

Even assuming for the sake of argument that the trial court should have sustained defendant's objection, he fails to show prejudice. He acknowledges the appropriate inquiry is whether it is reasonably probable that the jury would have reached a result more favorable to the defendant in the absence of trial court error. (People v. Jandres (2014) 226 Cal.App.4th 340, 357, 360.) Defendant presents no argument about prejudice but only his unsupported conclusion that "the evidentiary error is prejudicial, because the record reveals a distinct possibility that the jury would have returned a result more favorable to [defendant] had it not been for the error." This does not suffice.

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