Spirlin

I

Introduction

Following the close of the prosecution’s case-in-chief in a robbery trial, the defense rested without presenting any opening statement or evidence. Defendant made a Marsden 1 motion, which was denied after a hearing. Thereafter, the jury convicted defendant of committing felony robberies of a Shell gas station on August 24, 1996, and September 20, 1996, while personally armed (Pen. Code, §§ 211, 12022.5, subd. (a) and 1192.7, subd. *123 (c)(8) 2 ), and in doing so, falsely imprisoning his victims. (§ 236.) The jury further found defendant guilty of three counts of being a felon in possession of a handgun in violation of section 12021, subdivision (a)(1). In a bifurcated proceeding, the trial court found defendant guilty of the misdemeanor offense of possessing marijuana 3 (Health & Saf. Code, § 11357, subd. (b)) and found true that defendant had suffered four prison priors (§ 667.5, subd. (b)) and had two strike priors. Defendant was sentenced to 83 years to life in prison.

Defendant appeals, contending that the trial court erred in denying his Marsden motion, his counsel rendered ineffective assistance of counsel by not presenting any defense to rebut…