Frandsen

People v. Frandsen

Good Law
126 Cal. Rptr. 3d 640·196 Cal. App. 4th 266·2011 Cal. App. LEXIS 691·2011 D.A.R. 8221
Court of Appeal of CaliforniaJune 6, 2011No. B222751California5,028 words

Opinion

Lead Opinion

Rubin, J.

Benjamin Frandsen appeals from the judgment following his conviction for second degree murder and involuntary manslaughter. We affirm.

FACTS AND PROCEEDINGS

Shane Huang grew dozens of marijuana plants in a house in Canoga Park. In 2002, murder victim Ben Wertzberger lived in the house rent free in return for taking care of the plants. In the fall of 2002, Wertzberger left Huang’s employment and moved to Las Vegas. In November of that year, murder victim Adar Neeman flew from his home in Israel to Los Angeles to visit his boyhood friend, Wertzberger. 1 Wertzberger drove from Las Vegas to Los Angeles to pick up Neeman and host him during his American visit.

On December 1, 2002, Huang telephoned appellant Benjamin Frandsen at home. Huang told appellant there was an emergency at Huang’s marijuana-growing house requiring appellant to help Huang. Appellant and his roommate drove to Huang’s house. When appellant arrived, Huang told appellant *269 that someone had broken into the house overnight and Huang feared the intruder might still be inside. Appellant and his roommate entered the house using clearing techniques they had learned during their military service. Once inside,…

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