P. v. Cole
This case involves two individuals, defendants and appellants Donnie Ray Cole and Tony Eugene Williams (collectively “defendantsâ€). A jury found Cole guilty of two counts of robbery. (Pen. Code, § 211.)[1] Cole admitted suffering three prior convictions for which he served prison terms. (§ 667.5, subd. (b).) The trial court sentenced Cole to prison for a term of nine years. The jury found Williams guilty of two counts of robbery (§ 211) and one count of being a felon in possession of a firearm (§ 12021, subd. (a)(1)). In regard to both of Williams’s robbery convictions, the jury found true the enhancement that Williams personally used a firearm during the commission of the felonies. (§ 12022.53, subd. (b).) Williams admitted suffering three prior serious felony convictions and three prior strike convictions (§ 667, subds. (a), (c) & (e)(2)(A).) The trial court sentenced Williams to prison for a determinate term of 50 years and an indeterminate term of 50 years to life.
Cole raises four issues on appeal. First, Cole asserts the trial court erred by permitting a law enforcement officer to testify that, in his opinion, Cole was guilty. Second, Cole contends the prosecutor committed misconduct by misstating the reasonable doubt standard during closing argument. Third, Cole claims his trial counsel was ineffective for failing to object to the prosecutor’s alleged misconduct during closing argument. Fourth, Cole asserts the cumulative effect of the foregoing errors resulted in a denial of his right to a fair trial.
Williams raises two issues on appeal. First, Williams asserts the prosecutor committed misconduct by misstating the reasonable doubt standard during closing argument. Second, Williams contends his trial counsel was ineffective for failing to object to the prosecutor’s alleged misconduct during closing argument. We affirm the judgments.
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