P. v. Delsie
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 evidence to support an instruction on aiding and abetting;[1] and the prosecutor committed misconduct in asserting the truth of hearsay evidence. We reject defendant’s various claims of error and shall affirm the judgment.
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