People v. Kennedy CA1/2

Filed 12/17/14 P. v. Kennedy 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent,

A137227

v. MARK KENNEDY, (San Francisco County Super. Ct. No. 10023979) Defendant and Appellant.

A jury found defendant Mark Kennedy guilty of assaulting, battering, and falsely imprisoning Lester Chow with great bodily injury enhancements after he discovered Chow and Emmalyn Munjar—defendant’s former or then current girlfriend, depending on whether you ask him or her—in bed together. On appeal, defendant challenges his convictions on the following three grounds: (1) the trial court erred in failing to instruct the jury on the defense of others; (2) the prosecutor committed misconduct by introducing perjured testimony by…