People v. Williams CA6

I. INTRODUCTION

A jury convicted defendant Jerome Lemeal Williams of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4); count 1),1 battery causing serious bodily injury (§ 243, subd. (d); count 2), and attempting by means of threat or violence to deter or prevent an executive officer from performing lawful duties (§ 69; count 3). As to count 1, the jury found true an enhancement that defendant personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). As to count 2, the jury found true a “factual allegation” that defendant “personally inflicted serious bodily injury” upon the victim (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). The trial court sentenced defendant to a total term of five years eight months, suspended execution of the sentence, and placed defendant on probation for three years.

1 All further statutory references are to the Penal Code unless otherwise specified. Defendant raises seven arguments on appeal: (1) the prosecutor committed misconduct by misstating the law as to the required intent and allowable defenses for count 3, and his trial counsel was ineffective for failing to object or present…