P. v. Markle CA3
A jury found defendant Marvin Ray Markle, Jr., guilty of first degree murder (Pen. Code, § 187; statutory section references that follow are to the Penal Code unless otherwise stated) and sustained an enhancement for personally using a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). Defendant admitted a strike and a prior serious felony conviction (§§ 667, subds. (a)(1), (d), 1170.12) and the trial court sentenced him to 75 years to life plus five years in state prison.
On appeal, defendant contends trial counsel was ineffective in failing to present evidence of third party culpability that counsel promised to present in the opening statement. He further contends that the jury instructions on the corpus delicti rule relieved the prosecution of its burden of proving the degree of murder beyond a reasonable doubt. We affirm the judgment.
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