Soto

Paul R. Soto and Michael Alvarado appeal from their judgments of conviction by jury trial of murder (Pen. Code, § 187) and attempted robbery (§ 664/211).

In the published portion of this opinion, we consider Alvarado’s argument that the trial court erred in refusing to reduce his first degree murder conviction to manslaughter. We conclude that since there is no basis in the evidence to justify a reduction of Alvarado’s conviction to manslaughter, the trial court did not err in denying Alvarado’s request. We also conclude that, while the evidence establishes that Alvarado committed first degree felony murder, rather than second degree murder, he cannot complain of error in the second degree murder conviction and sentence since any error was favorable to him.

In the unpublished portion of this opinion, we address the other arguments raised in the appeal. Soto argues that police officers persisted in questioning him after he had asked for an attorney, in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ] (hereafter Miranda). We conclude that Soto’s invocation of his right to counsel was equivocal and…