People v. McDuffee

It is improper for a prosecutor to refer to matters outside the rec-. ord, either in the trial court (People v. Hayes, 173 Ill. App. 3d 1043, 1050, 527 N.E.2d 1342, 1348 (1988); People v. Davilla, 236 Ill. App. 3d 367, 383, 603 N.E.2d 666, 676 (1992)) or in the appellate court (155 Ill. 2d Rs. 341(e)(6), (f)). It is axiomatic that statements of fact not based on the evidence may not be argued to a jury or to the court sitting as the trier of fact. People v. Carlson, 92 Ill. 2d 440, 449, 442 N.E.2d 504, 508 (1982); People v. Edgeston, 157 Ill. 2d 201, 242-43, 623 N.E.2d 329, 350 (1993).

Accordin…