Shamblin

A jury convicted defendant and appellant Shelby Glenn Shamblin of first degree murder (Pen. Code, § 187, subd. (a); count 1), and he was sentenced to 25 years to life in state prison. On appeal, defendant argues that there was insufficient evidence to support the conviction under either of the prosecution’s theories — premeditated and deliberate murder or felony murder. He also argues that the trial court erred in admitting post- Miranda statements he made during a police interview and during the booking process. Finally, he contends that the trial court erred in responding to the deliberating jury’s note seeking clarification on the difference between first and second degree murder. For the reasons discussed post, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

1. The 1980 murder and investigation

In January 1980, Elizabeth Crossman (the victim), a 67-year-old woman, lived with her husband, Frank Crossman, in a house on West Florida Avenue in Hemet. The couple’s business, an RV trailer sales company, was located about 200 yards down the street from their house.

On January 17, 1980, Frank Crossman returned home from work around 5:30 p.m. and found his wife…