Franco

Statement of the Case

On March 6, 1992, a 10-count information was filed in Tulare County Superior Court, charging appellant Brian Keith Franco (also listed in court records as Keith Brian Franco) with attempted murder (Pen. Code, §§ 187, subd. (a), 664; count 1; victim Michael Richmond), assault with a firearm on a peace officer (Pen. Code, § 245, subd. (d)(1); counts 2, 3, and 4; victims Michael Richmond, Tom Crowell, and Jason Lightner, respectively); resisting an executive officer (Pen. Code, § 69; counts 5, 6, 7, and 8; victims Michael Richmond, Tom Crowell, Jason Lightner, and Randy Smith, respectively); willful infliction of corporal injury on spouse (Pen. Code, ■§ 273.5, subd. (a); count 9; victim Lori Franco); and child endangerment (Pen. Code, § 273a, subd. (1); count 10; victim Keith Charles Franco). It was further alleged in conjunction with each count that Franco personally used a firearm in commission of the offense (Pen. Code, § 12022.5, subd. (a)). Intentional infliction of great bodily injury on Michael Richmond (Pen. Code, § 12022.7) was alleged as to counts 1, 2, and 5. Franco pleaded not guilty and denied all special allegations.

Trial began on May…