What is the test for objecting to a prosecutor's argument that a defendant's lack of remorse was an aggravating factor?
California, United States of America
The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):
As noted, defendant's failure to object to the remark forfeits his claim on appeal. Assuming for the sake of argument that the prosecutor's argument was improper, it "was brief and transitory" and "did not impermissibly characterize defendant's lack of remorse as an aggravating factor." (People v. Fierro, supra, 1 Cal.4th at p. 244, 3 Cal.Rptr.2d 426, 821 P.2d 1302.) Any impropriety was therefore harmless.
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