TENA

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] OPINION

B. Prosecutor's Closing Argument Appellant contends that the prosecutor made remarks during closing argument that constitute misconduct. In the alternative, he contends that his counsel rendered ineffective assistance by refraining from objecting to these remarks. As we explain below, both contentions fail.

1. Prosecutor's Remarks At the outset of the opening portion of closing argument, the prosecutor acknowledged that Verdugo's injuries were not serious, and remarked: "It's a bruise. . . . It's not huge. It doesn't have to be great bodily injury or even pretty darn bad. . . . He hit her and he left a mark. You say, that's not that big of a deal. Everybody in California that's charged with a criminal offense has a right to a jury trial. One marijuana cigarette or multiple murder, the burden of proof is the same, the process is the same. One marijuana cigarette to multiple murder it all goes through this process. [¶] Is this the biggest crime? Probably not. But for the people involved, it's very important. So at the beginning I asked you to…