Turner

Statement of the Case

Defendant Vemell 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 *1218 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 In the unpublished portion of the opinion we reject the first contention; in the published portion we reject the second and third and affirm the judgment.

Statement of Facts *

Discussion

I. CAUIC No. 2.15 neither shifts the burden of proof nor misleads the jury*

II. The trial court made an adequate inquiry during defendant’s Marsden hearing.

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…