Does the prosecutor's statement on rebuttal that defense counsel testified that there are no apartment complexes directly across from the Perezes improperly accused her counsel of testifying?

California, United States of America


The following excerpt is from People v. Martinez, G049207 (Cal. App. 2014):

Third, defendant asserts the prosecutor's statement on rebuttal that defense counsel "testified [during closing argument] . . . there are no apartment complexes directly across from the Perezes, because the photographs show there are none" improperly accused her counsel of testifying. The court overruled defendant's objection, stating, "It's argument." We agree the prosecutor's statements fell within her "wide latitude to vigorously argue . . . her case and to make fair comment upon the evidence" (People v. Ledesma (2006) 39 Cal.4th 641, 726) and defense counsel's closing argument as to where the apartment complex was located.

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