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State v. Fernandez4/14/1994
r's statement, even though the court immediately instructed the jury that "this defendant has a right not to testify."
Defendant's failure to object to the prosecutor's comment means that any error must be "fundamental" to warrant reversal. See ; . In light of previous statements by defense counsel that Defendant would testify and the district court's instruction, any error was harmless. See (similar statement by prosecutor was harmless error which did not require reversal).
IX. CUMULATIVE ERROR
Since we find Defendant's other arguments to be without merit and the record to reflect no reversible error, we are also unpersuaded by the claim of cumulative error. See (cumulative error doctrine to be strictly applied and cannot be invoked if no irregularities occurred or if record as a whole demonstrates defendant received a fair trial).
The judgment of the district court is therefore affirmed.
IT IS SO ORDERED.
BRUCE D. BLACK, Judge
WE CONCUR:
THOMAS A. DONNELLY, Judge
A. JOSEPH ALARID, Judge
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