Lambert

People v. Lambert

Good Law
125 Cal. Rptr. 404·1975 Cal. App. LEXIS 1520·52 Cal. App. 3d 905
Court of Appeal of CaliforniaNovember 12, 1975Crim. 12125California1,879 words

Opinion

Opinion

This is an appeal from a judgment entered after appellant was convicted by a jury of being an ex-felon in possession of a firearm in violation of section 12021 of the Penal Code and of simple assault in violation of section 240 of the Penal Code, as a lesser included olfense of assault with a deadly weapon.

Appellant contends that the prosecutor committed numerous instances of misconduct and that he was prejudiced thereby. We are of the opinion that misconduct did occur in various instances, but for reasons expressed below, we feel there was no prejudice to appellant.

“ ‘[MJisconduct’ implies a dishonest act or an attempt to persuade the court or jury by use of deceptive or reprehensible methods”. (People v. Asta (1967) 251 Cal.App.2d 64, 86 [ 59 Cal.Rptr. 206 ]; see also People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ], cert. den. 406 U.S. 971 .) Absent an objection to the alleged misconduct, however, and a request for an admonition, no claim of misconduct can generally be considered on appeal. (People v. Perry (1972) 7 Cal.3d 756, 790 [ 103 Cal.Rptr. 161 , 499 P.2d 129 ]; People v. Berryman (1936) 6 Cal.2d 331, 337 [ 57 P.2d 136 ].) The…

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