P. v. Caldwell CA1/1
A jury convicted defendant Derrick Caldwell of second degree robbery and assault by means of force likely to produce great bodily injury after he stole a cell phone from the victim and then punched and kicked him in the face. On appeal, Caldwell claims that his assault conviction must be reversed because insufficient evidence of force likely to produce great bodily injury was presented both at trial and at the preliminary hearing. He also claims that both convictions must be reversed because in closing argument the prosecutor committed Griffin error by implicitly referring to Caldwell’s failure to testify and improperly shifted the burden of proof. We affirm.
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