P.
P. v. Benites CA4/1
Opinion
Opinion
DISCUSSION
Defendant asserts the jury might have found reasonable, rather than unreasonable,
self-defense if not for the cumulative effect of several errors. He asserts that portions of
the prosecutor's closing argument misled the jury about self-defense principles. He also
challenges the court's response to the jury's request (after deadlock) for definitions
relevant to self-defense. Finally, he argues the trial court erred in denying his motion to
exclude a rebuttal witness's testimony.
We find no error.
I. Prosecutor's Closing Arguments
A prosecutor has wide latitude to vigorously argue the prosecution's case;
however, it is improper for the prosecutor to misstate the law. (People v. Hill (1998)
Cal.4th 800, 819, 829.) When evaluating claims of improper argument to the jury, the
question is whether there is a reasonable likelihood the jury construed the prosecutor's
statements in an objectionable manner. (People v. Samayoa (1997) 15 Cal.4th 795, 841.)
3 Defendant asserts the prosecutor misled the jury about self-defense principles in
the following portions of her rebuttal argument:
"Common sense and logic tells us that you…