Asay

Defendant was found guilty of first degree murder (Pen. Code, § 187, subd. (a)) and second degree robbery (Pen. Code, § 211). The jury also found that he used a firearm and that the murder was committed in the course of a robbery. He appeals, urging (1) a taped confession should not have been played to the jury; (2) the trial court erred in allowing evidence when the prosecution rejected defendant’s proffered stipulations; and (3) the prosecutor was guilty of prejudicial misconduct. In the unpublished portion of this opinion we find that (1) defendant’s confession occurred after a sufficient invocation of his right to counsel; (2) the trial court did not allow the improper admission of irrelevant evidence; and (3) the defendant failed to preserve objections to the prosecutor’s conduct.

I

Facts

Defendant was the manager of a Sunshine Travel Stop store on Interstate 15 near Baker, California. An armored car service regularly picked up money from his store, from another Sunshine Travel Stop store about 50 miles away, and from another store in the area.

The victim, Gerald Gauthier, was employed by the armored car service. On February 8, 1987, he made his usual run to make…