P.

Filed 5/23/13 P. v. Delsie CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C071280

Plaintiff and Respondent, (Super. Ct. No. SF116725A)

v.

RUDOLPH DELSIE,

Defendant and Appellant.

A jury found defendant Rudolph Delsie guilty of first degree murder, during the commission of which he personally used a deadly weapon. The trial court then sustained recidivist allegations. It sentenced him to state prison.

To reorder defendant’s arguments on appeal, he contends the trial court erred in denying a motion for mistrial based on stricken testimony about an excluded subject area; there is insufficient evidence of his identity as the killer of the victim; there is insufficient

1 evidence to support an…