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State v. Picard9/17/2004
tement came near the end of the State's rebuttal argument and was as follows:
You decide the verdict in this particular case. And we live by that decision. But it (sic) you choose to send a message about the way Trooper Thaxton handled this case, don't do it with the verdict. Do it with a letter to the State Police. Do it with a letter to his commander. Why didn't he turn on the monitor; why didn't he make sure it was properly--why didn't he position the defendant properly. But if you feel like there's enough to show the defendant is under the influence, send a message. Find this man guilty. Don't take the chance that the next headlights you see are his.
*7 Immediately following the final statement, counsel for the defendant entered a contemporaneous objection to the statement. Although no specific grounds for the objection were urged, it is obvious the defense counsel felt the statement was prejudicial. The trial court sustained the objection and instructed the jury to "Disregard the last comment." No further argument was presented by the State.
In regard to the contested comment, the defendant's objection was sustained and defendant requested no further relief of the trial court. A defendant whose objection is sustained by the trial court cannot, on appeal, complain of an error to which his objection was directed unless, at trial, he requested and was denied either an admonition or a mistrial. See State v. Robertson, 97-0177, p. 42 (La.3/4/98), 712 So.2d 8, 40, cert. denied, 525 U.S. 882, 119 S.Ct. 190, 142 L.Ed.2d 155 (1998). State v. Lucas, 99-1524, p. 16 (La.App. 1st Cir.5/12/00), 762 So.2d 717, 727. Without having requested a mistrial, defendant received all the relief to which he was entitled when the trial court sustained his objection and admonished the jury to disregard the comment. This assignment of error lacks merit.
**13 For the foregoing reasons, the defendant's conviction and sentence are affirmed. All costs of this appeal are to be borne by the defendant.
CONVICTION AND SENTENCE AFFIRMED.
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