People v. Franks CA5

INTRODUCTION

A jury found appellant Tom Mark Franks not guilty of second degree murder for the death of Jacqueline Millan, but instead found him guilty of voluntary manslaughter (Pen. Code, § 192, subd. (a); count I). It was found true he personally and intentionally discharged a firearm (Pen. Code, § 12022.53, subd. (d)). Appellant admitted a bail enhancement allegation and prior felony conviction allegations. He was sentenced to an aggregate prison term of 39 years.1 Various fees and fines were imposed. On appeal, appellant contends the trial court abused its discretion in admitting evidence of his prior acts of domestic violence. We find no abuse of discretion and no prejudice even when we presume error occurred. We affirm.

FACTUAL BACKGROUND

I. Relevant trial facts.

A. The shooting. On May 4, 2012, Jacqueline (Dotty) Millan was shot in her head. The shooting occurred near a house on Vernon Avenue in Modesto which Jacqueline was renovating with appellant. There was no evidence of gun powder around Jacqueline’s wound, indicating it was not a close-range shot. There was no exit wound. The bullet wound was approximately one centimeter in size. The bullet struck her…