P.

Filed 7/2/13 P. v. Venegas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE,

Plaintiff and Respondent,

A133996

v. GREGORIO MARIN VENEGAS, (San Mateo County Super. Ct. No. SC072740) Defendant and Appellant.

A jury convicted defendant Gregorio Marin Venegas of assaulting and inflicting great bodily injury upon Salvador Flores. At trial, the district attorney questioned defendant about an earlier incident, then being separately charged as misdemeanor vandalism, in which he lit his ex-girlfriend’s clothes on fire. Defendant asserts evidence of this prior misconduct was inadmissible and the prosecutor’s questioning and argument to the jury violated his Fifth Amendment right against compelled self-incrimination. We reject defendant’s assertions…