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PEOPLE v. BOLTON

Docket No. Crim. 20294.

23 Cal.3d 208 (1979)

589 P.2d 396

152 Cal. Rptr. 141

THE PEOPLE, Plaintiff and Respondent, v. WILLIE BOLTON, Defendant and Appellant.

Supreme Court of California.

February 2, 1979.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Michael G. Millman and Isadora W. Lomhoff, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Derald E. Granberg and Michael D. Whelan, Deputy Attorneys General, for Plaintiff and Respondent.

Herbert M. Rosenthal as Amicus Curiae, upon the request of the Supreme Court.

Joseph Freitas, Jr., District Attorney (San Francisco), Daniel H. Weinstein, Chief Assistant District Attorney, John J. O'Brien and Carol M. Hehmeyer, Assistant District Attorneys, Renzi & Kilbride and Fred Kilbride as Amici Curiae.

OPINION

BIRD, C.J.

Appellant appeals from his conviction for assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) The case presents two issues: (1) Did the prosecutor engage in prejudicial misconduct when he insinuated to the jury during closing argument that appellant had a record of prior convictions or a history of wrongful acts? (2) Did the trial court err in sentencing appellant to state prison based in part on the...

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