Does a defendant have to forfeit a claim that a prosecutor improperly argued that he was entitled to be heard as an unsworn witness?
California, United States of America
The following excerpt is from People v. Sanchez, S087569 (Cal. 2019):
Defendant also argues that "the prosecutor improperly argued matters outside the record and became an unsworn witness." He did not object "on this basis, and therefore has forfeited this claim." (People v. Redd, supra, 48 Cal.4th at p. 743.) The contention also lacks merit. The comment was clearly based on the evidence presented at trial. As the evidence strongly supported the comment, no reason existed for the jury to believe otherwise.
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