People v. Franklin CA2/4

INTRODUCTION

In December 1981, Harold Williams (Williams) was shot to death, his jewelry and car were stolen, and his home was set on fire. In 1982, a jury convicted appellant Benjamin Franklin (appellant) of first degree murder (Pen. Code, § 1871), robbery (§ 211), and grand theft auto (§ 487.3). In 2020, appellant filed a petition for resentencing under former Penal Code, section 1170.95 (now § 1172.6).2 After issuing an order to show cause and conducting an evidentiary hearing, the Superior Court denied the petition, finding respondent the People of the State of California (the People) proved beyond a reasonable doubt that appellant was a major participant in the robbery and acted with reckless indifference to human life. Appellant challenges the sufficiency of evidence supporting the resentencing court’s findings, contends he was denied the effective assistance of counsel, and argues the court’s theory of felony murder violated his Sixth Amendment right to a jury trial. We affirm.

BACKGROUND

A. Information and Trial Evidence We recite the factual background from the materials considered by the resentencing court during the evidentiary hearing. Those materials include the…