P. v. Miller CA3
Defendant Corderro Donte Miller appeals from a judgment entered after jury verdicts finding him guilty of: (1) inflicting great corporal injury on a parent of his child, with a finding of true to the special allegation that in the commission of this offense he inflicted great bodily injury on the victim; (2) forcible sexual penetration with a foreign object; and (3) child endangerment. The jury found defendant not guilty of assault with a firearm and two counts of making criminal threats (§ 422). It determined the use enhancements associated with these counts were not true. Defendant contends the judgment must be reversed because: (1) the prosecutor’s closing argument impermissibly lowered the burden of proof violating the Sixth and Fourteenth Amendments and (2) the trial court’s failure to sua sponte instruct on lesser included offenses resulted in a miscarriage of justice.
We affirm.
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