P. v. Brown
jury convicted defendant William J. Brown of simple assault (Pen. Code, 240--count one; further undesignated statutory references are to the Penal Code) as a lesser included offense of assault with a firearm ( 245, subd. (a)(2)), false imprisonment ( 236--count three), assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1)--count five), and two counts of criminal threats ( 422--counts six & seven). It acquitted him on a count of criminal threats (count two); it deadlocked and a mistrial was declared on a count of assault by means of force likely to produce great bodily injury (count four). The jury found that defendant personally inflicted great bodily injury under circumstances involving domestic violence ( 12022.7, subd. (e)) in the commission of count five. The trial court found true a serious felony allegation ( 667, subd. (a)), a second-strike allegation ( 667, subds. (b)-(i), 1170.12), and a prior prison term allegation ( 667.5, subd. (b)). Defendant was sentenced to state prison for 17 years 4 months. On appeal, defendant contends (1) the great bodily injury finding on count five must be reversed due to prosecutorial misconduct during closing summation, and (2) counts six and seven are not supported by sufficient evidence that he intended his criminal threats to be conveyed to members of the victims family. Court affirm the judgment.
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