Turner
People v. Turner
Opinion
Opinion
[Opinion certified for partial publication. [*] ]
OPINION
BEST, P.J.
Defendant Vernell Turner appeals from the judgment entered on a jury verdict convicting him of burglary (Pen. Code, § 459) [1] and including an admission he served two prior prison terms within the meaning of section 667.5, subdivision (b). He contends the judgment must be reversed because: (1) CALJIC No. 2.15 shifted the burden of proof and misled the jury, (2) the court failed to make an adequate inquiry during his Marsden [2] hearing, and (3) counsel's failure to file a suppression motion as he requested deprived him of the right to make a fundamental decision regarding his defense. In the unpublished portion of the opinion we reject the first contention; in the published portion we reject the second and third and affirm the judgment.
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Just before trial, defendant filed a Marsden motion requesting the court appoint new counsel. At the subsequent hearing in chambers, the court asked defendant to explain his dissatisfaction with counsel. Defendant was upset with defense counsel because he would not file a suppression motion, counsel…