People v. Franklin CA4/2

INTRODUCTION

Sixteen year-old Kaieesha Franklin (defendant) argues that the trial court abused

its discretion in imposing the upper term following her conviction for attempted murder

(Pen. Code, §§ 664/187, subd. (a)).1 We will affirm.

FACTS AND PROCEDURAL HISTORY

On June 9, 2011, in the course of a street brawl between two neighbors that

followed a dispute over a children‟s ball game, defendant stabbed a 13-year-old girl (the

victim) in the abdomen, chest, and arm.

The fight began when a child from one family fell—or was pushed—into a rose

bush and his mother, Tempest S. (Tempest), began fighting with the mother of the

children with whom he had been playing, Monique K. (Monique). As the fight between

the women escalated, family members from both sides joined in and began calling friends

and relatives to come and help. Eventually, over 20 people arrived; many became

involved in the brawl.

Defendant, the great-niece of Tempest‟s husband Donald (Donald), was driven to

the fight by her mother, Elaine E. Defendant and one of Monique‟s daughters, thirteen-

year-old G. K. (the victim), began punching each other. At some point defendant went

into Donald‟s house for five…