PG V(M) Instruction To Disregard Theories Advanced During Argument For Which No Substantial Evidence Was Presented.
The trial judge has a responsibility to correctly instruct the jury and limit argument to defenses supported by substantial evidence. (People v. Ponce (96) 44 CA4th 1380 [42 CR2d 422].) Hence, if either the defense or the prosecution argues a theory to the jury which is not supported by substantial evidence, the trial court, in its discretion, may instruct the jury that there is no evidence in support of such a theory. (Ibid.) However, as to matters of credibility, the trial court must be careful to not express its belief of the witnesses of one side or the other. (See FORECITE F 17.30 n1.)