P. v. Cook
Appellant Andrew Cook appeals from his conviction on one count of second degree robbery. He contends the prosecutor alluded to his failure to testify during closing argument and thereby committed misconduct and violated Griffin v. California (1965) 380 U.S. 609 where the United States Supreme Court held: [T]he Fifth Amendment, in its direct application on the Federal Government, and in its bearing on the states by reason of the Fourteenth Amendment, forbids . . . comment by the prosecution on the accuseds silence . . . . (380 U.S. at p. 615). Appellant also contends that the trial court erred in imposing an upper term sentence based on facts not submitted to the jury or found true beyond a reasonable doubt. Court conclude that no misconduct or error occurred and affirm.
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