Franklin

People v. Franklin

Caution
21 Cal. App. 5th 881·230 Cal. Rptr. 3d 647
Court of Appeal of CaliforniaMarch 26, 2018D071453California5,510 words

Opinion

lead Opinion

Dato, J.

*649 *883 A jury convicted D'Mare Atte Franklin of one count of premeditated and deliberate attempted murder ( Pen. Code, 1 §§ 664, 187, subd. (a) ) and two counts of assault with a semiautomatic firearm (§ 245, subd. (b)). The jury also found that Franklin personally used a firearm in connection with each count, leading to firearm enhancements on each of his sentences. (§§ 12022.5, subd. (a), 12022.53, subd. (c).) On appeal, he argues that his attempted murder conviction should be reversed due to errors that purportedly led the jury to give insufficient consideration and weight to provocation. Because Franklin fails to establish prejudice flowing from any such errors, we affirm his conviction. But in light of recent legislative changes to the sentencing scheme for firearm enhancements, which we discuss in the unpublished portion of this opinion, we remand for resentencing.

*884 FACTUAL AND PROCEDURAL BACKGROUND

Franklin and C. 2 arrived at a La Mesa bar around 12:30 a.m. on a June night. They had already imbibed several drinks at C.'s apartment. C., a "regular," greeted the bartender and introduced Franklin as his out-of-state cousin. Franklin came across to the bartender as "a…

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