P. v. Mack
Defendant was convicted by a jury of three counts of assault with a firearm (Pen. Code, 245, subd. (a)(2)) and one count of making criminal threats (Pen. Code, 422). He was also found to have personally used a firearm in each of the assaults (Pen. Code, 12022.5, subd. (a)(1)). Defendant was sentenced to state prison for an aggregate, unstayed term of nine years.
He appeals, claiming his constitutional and statutory rights were violated when, during cross-examination and closing argument, the prosecutor alluded to defendants failure to explain his side of the case prior to trial. Defendant also challenges a number of instructions given by the trial court and asserts cumulative error. Court affirm the judgment.
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