People v. Marks CA1/1

Filed 2/28/13 P. v. Marks CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A133727

v. ANTHONY MARKS, (San Francisco City & County Super. Ct. No. 207095) Defendant and Appellant.

Defendant Anthony Marks appeals from his conviction of second degree murder. He maintains the prosecutor’s peremptory challenge to a prospective juror of Samoan descent violated his constitutional rights. Marks also asserts he was not properly advised of his Miranda1 rights and was questioned after he invoked his right to remain silent. We find no violation of his constitutional rights, and affirm.

PROCEDURAL AND FACTUAL BACKGROUND

On March 12, 2008, Joan Wolfe discovered the body of Robin Kent under a makeshift plywood…