California, United States of America
The following excerpt is from People v. Silva, B206121 (Cal. App. 10/5/2009), B206121 (Cal. App. 2009):
Appellant admitted two prior felony convictions in his testimony. The jury could reasonably conclude that the "something" that led to appellant's dislike of peace officers was these prior convictions. "`To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. [Citations.] In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements.' [Citation.]" (People v. Dykes, supra, 46 Cal.4th at pp. 771-772.) As we have discussed, he fired more than 107 nails at multiple officers over several hours. This supported the suggestion that appellant disliked peace officers. This did not constitute misconduct.
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