People v. Flores

Opinion

ROTH, P. J.

Appellant pleaded not guilty and not guilty by reason of insanity to assault with a deadly weapon (Pen. Code, § 245, subd. (a)). In the first phase of a bifurcated trial (Pen. Code, § 1026) he was convicted by a jury on his plea of not guilty. Thereafter in the second phase he was found by a jury to be sane at the time he committed the offense. His appeal is from the judgment and is predicated upon the fact that in spite of timely objection the prosecutor committed prejudicial error in arguing to the jury in the second phase of the trial that the “fatal flaw” in appellant’s…