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PEOPLE v. MORGAIN

No. A121530.

177 Cal.App.4th 454 (2009)

THE PEOPLE, Plaintiff and Respondent, v. MARKEL RAY MORGAIN, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

September 4, 2009.

Attorney(s) appearing for the Case

Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Christopher J. Wei, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JONES, P. J.—

The People charged appellant Markel Ray Morgain with first degree murder (Pen. Code, § 187).1 At trial, appellant's girlfriend, Marquita Wallace, refused to answer questions about the incident and the trial court struck all of her testimony. The court, however, permitted the prosecutor to contend during closing argument that Wallace refused to testify to protect

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