California, United States of America
The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):
Defendant contends that in cross-examination and closing argument, the prosecutor "manipulated" defendant's mitigating evidence to support the prosecutor's argument that defendant suffered from an antisocial personality disorder and was violent and uncontrollable, and that defendant was therefore likely to harm other inmates if sentenced to life imprisonment without possibility of parole. There was no impropriety in the prosecutor's conduct. The defense offered expert testimony that defendant had "a high ability to function without any particular problems in a structured environment like a prison setting." The prosecutor was entitled to refute that testimony by cross-examining the expert about evidence that defendant might behave violently in prison, and by relying on that evidence in closing argument. (People v. Morris (1991) 53 Cal.3d 152, 219, 279 Cal.Rptr. 720, 807 P.2d 949.)
Defendant complains that on two occasions the prosecutor asked questions implying that defendant had additional criminal convictions not known to the jury. Defendant's failure to object on either occasion precludes him from raising this issue. (People v. Hines, supra, 15 Cal.4th 997, 1045, 64 Cal.Rptr.2d 594, 938 P.2d 388.)
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