People v. Gregory CA1/5

Filed 6/6/14 P. v. Gregory CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A137593

v. (San Francisco County Super. Ct. No. 218651)

MICHAEL GREGORY,

Defendant and Appellant. _______________________________________/

A jury convicted appellant Michael Gregory of battery causing serious bodily injury (Pen. Code, § 243, subd. (d))1 and assault with a deadly weapon (§ 245, subd. (a)(1)) and found true the allegation Gregory personally used a knife in the commission of the battery (§ 12022, subd. (b)(1)). The court placed Gregory on probation with various terms and conditions. On appeal, Gregory argues: (1) the prosecutor committed misconduct during closing…