P. v. Hoard
A jury convicted appellant William Hale Hoard III of second degree robbery (Pen. Code, 211, 212.5, subd. (c); count 1), a felony, and resisting, delaying or obstructing a peace officer (Pen. Code, 148, subd. (a)(1), count 2), a misdemeanor. The jury also found true enhancement allegations that appellant personally used a deadly or dangerous weapon in committing the count 1 offense (Pen. Code, 12022, subd. (b)(1)) and that he had served a prison term for a prior felony conviction (Pen. Code, 667.5, subd. (b)). The court imposed a prison term of five years, consisting of the three-year midterm on count 1 plus one year on each of the two enhancements. On count 2, the court imposed a concurrent 90-day term in county jail. On appeal, appellants sole contention is that the prosecutor engaged in prejudicial misconduct in violation of Griffin v. California (1965) 380 U.S. 609 (Griffin), by commenting on appellants failure to testify at trial. Court will affirm.
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