People v. Dorsey CA4/3

INTRODUCTION

The trial court denied defendant Edward Dewayne Dorsey’s request for a hearing under People v. Franklin (2016) 63 Cal.4th 261 (Franklin). We affirm. The purpose of a Franklin hearing is to preserve evidence for a later youth offender parole hearing. By statute, defendant is not and will not be eligible for a youth offender parole hearing; therefore he is not entitled to a Franklin hearing.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant was arrested after the victim described him to the police as the person who had run toward him pointing a gun. A gang expert testified at trial that defendant was a member of a gang and that he had accosted the victim with a gun in order to benefit the gang. (People v. Dorsey (Apr. 5, 2006, G034957) [nonpub. opn.].)1 A jury found defendant guilty of brandishing a firearm (Pen. Code, § 417, subd. (a)(2)),2 possession of a firearm by a felon (§ 12021, subd. (a)(1)), and street terrorism (§ 186.22, subd. (a)). The jury also found true sentencing enhancement allegations that the first two offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the intent to promote,…