P. v. Avila
Following a jury trial, appellant was convicted of two counts of making a criminal threat and one count of assault with a deadly weapon. (Pen. Code, 422, 245, subd. (a).) The jury found true an allegation that appellant used a deadly weapon in the commission of one of the criminal threats. (Pen. Code, 12022, subd. (b)(1).) The jury acquitted appellant of one count of robbery. (Pen. Code, 211.) Appellant pleaded no contest to seven misdemeanor counts. In a separate proceeding, the jury found true allegations that appellant had six prior strike convictions and two prison prior convictions. (Pen. Code, 667, subds. (b)-(i), 1170.12, subd. (a), 667.5, subd. (b).) The trial court sentenced appellant to a state prison term of 53 years to life. Appellant contends that the prosecutor committed misconduct in closing argument. Court affirm.
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