People v. Baer CA4/2

INTRODUCTION

While incarcerated, defendant and appellant Walter Leonard Baer was involved in

a verbal and physical altercation with correctional deputies. Defendant appeals from the

judgment entered following jury convictions for battery against a custodial officer (Pen.

Code, § 243.1;1 count 1) and resisting an executive officer in the performance of his duty

(§ 69; count 2). The trial court sentenced defendant to 36 months formal probation.

Defendant contends the prosecutor made improper statements during closing

argument and rebuttal, which constituted prosecutorial misconduct. Defendant also

contends the trial court erroneously ordered defendant to pay the costs of probation

supervision and the presentence report. We conclude the prosecutor’s statements during

closing argument and rebuttal did not amount to prejudicial error. In addition,

defendant’s objection to paying the costs of probation supervision and the presentence

report is premature, since the court did not order defendant to pay a specific amount but,

rather, ordered the probation department to make a determination as to the amount based

upon defendant’s ability to pay. The judgment is…