Baca

Defendant was charged in two counts with an assault with a deadly weapon on the persons of two police officers, in violation of “section 245(b)” of the Penal Code. Two prior felony convictions were alleged. He admitted the priors, pled not guilty and, after a trial by jury, was found guilty of “Assault by Means of Force Likely to Produce Great Bodily Injury, in violation of Section 245, Penal Code of California, a felony, a lesser and necessarily included offense.” Probation was denied, and a state prison sentence was imposed. The judgment of conviction reads (so far as here material) in the same terms as the verdicts, namely: “. . . defendant having been duly found guilty in this court of the crime of Assault by Means oe Force Likely To Produce Great Bodily Injury (See 245 PC), a felony, a lesser offense than that charged in each of the Counts 1 and 2 of the information hut necessarily included therein. ...”

Appointed counsel raises two issues :

In addition, at the request of defendant, counsel raises a contention of prejudicial misconduct on the part of the prosecuting attorney in his argument to the jury.

I

The evidence for the People was to the effect that police officers,…