Defendant's conviction for first degree murder is affirmed for the most part where: 1) questioning defendant's girlfriend in the presence of the jury did not violate defendant's right of confrontation; 2) permitting the prosecutor to argue in its closing argument regarding defendant's girlfriend's refusal to testify did not violate defendant's constitutional rights; and 3) even if the court erred by permitting the adverse comment striking all of defendant's girlfriend's testimony the error was harmless. Trial court is directed to award defendant 249 days of presentence custody credit, not 248 days.
Filed September 2, 2009
Opinion by Judge Jones
For Appellant: Catherine White
For Respondent: Edmund G. Brown, Jr. , Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Christopher J. Wei, Deputy Attorney General