California, United States of America
The following excerpt is from People v. Robles, 2d Crim. No. B290555 (Cal. App. 2019):
Where, as here, the defendant's claims of misconduct are based on the prosecutor's comments before the jury, "the defendant must show that, 'in the context of the whole argument and the instructions' [citation], there was 'a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner. [Citations.]'" (People v. Centeno (2014) 60 Cal.4th 659, 667, alterations omitted.) We will not "'"lightly infer"'" that the jury did so. (Ibid.) Rather, we presume that the jury "'drew . . . the least damaging meaning from the prosecutor's statements. [Citation.]' [Citation.]" (Ibid.) No misconduct occurred if the jury would have understood the
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statements to "imply nothing harmful." (People v. Woods (2006) 146 Cal.App.4th 106, 111.)
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