People v. Morgain

Opinion

JONES, P. J.

The People charged appellant Markel Ray Morgain with first degree murder (Pen. Code, § 187). At trial, appellant’s girlfriend, Marquita Wallace, refused to answer questions about the incident and the trial court struck all of her testimony. The court, however, permitted the prosecutor to contend during closing argument that Wallace refused to testify to protect appellant. A jury convicted appellant and the court sentenced him to 51 years to life in state prison.

Appellant challenges his conviction on several grounds. First, he contends the court violated his Sixth Amendment…