P. v. Stapleton
A jury found defendant Jushawn Stapleton guilty of assault with force likely to create great bodily injury, two counts of making criminal threats, attempted false imprisonment by violence, misdemeanor assault, and possession of a deadly weapon. The jury also found true the allegation that defendant personally used a deadly weapon when committing one count of making criminal threats. The trial court sentenced defendant to an aggregate term of four years and eight months in state prison.
On appeal, defendant contends the prosecutor committed misconduct by reducing the burden of proof during closing argument. Defendant also contends the trial court erred in refusing to instruct the jury on misdemeanor battery as a lesser included offense of assault by means likely to produce great bodily injury. Finding neither of defendant's claims have merit, we affirm.
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