How have courts dealt with allegations of prosecutorial misconduct in an assault case?

California, United States of America


The following excerpt is from People v. Lemus, B271416 (Cal. App. 2017):

show that "'"[i]n 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."'" (People v. Cortez (2016) 63 Cal.4th 101, 131, quoting People v. Centeno (2014) 60 Cal.4th 659, 667.) Here, following the remarks identified by appellant, the prosecutor repeatedly stated that the key issue was whether appellant used force against Singh in seeking to retain the beer. There is no reasonable likelihood the jury understood those remarks in the manner suggested by appellant. Furthermore, the prosecutor's acceptance of the theory that an attempted robbery occurred only if appellant actually used force against Singh -- though not mandated by the requirements from attempted robbery -- was favorable to appellant, and thus cannot reasonably be regarded as misconduct. In sum, appellant has shown no prosecutorial misconduct.

C. Fine and Penalty Assessment

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