People v. Bolton

Opinion

BIRD, C. J.

Appellant appeals from his conviction for assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) The case presents two issues: (1) Did the prosecutor engage in prejudicial misconduct when he insinuated to the jury during closing argument that appellant had a record of prior convictions or a history of wrongful acts? (2) Did the trial court err in sentencing appellant to state prison based in part on the fact that appellant had fathered several children who were on welfare and some of whom were borne out of wedlock?

I

On the afternoon of July 3, 1976, appellant was…