People v. Franklin CA3

Filed 6/27/22 P. v. Franklin CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C092870

Plaintiff and Respondent, (Super. Ct. No. 16F2611)

v.

DANNY WILLIAM FRANKLIN,

Defendant and Appellant.

Layton Cesario, a passenger in defendant Danny William Franklin’s vehicle, died when defendant crashed his vehicle while driving under the influence of alcohol (DUI). After hearing evidence that defendant had a prior DUI conviction, was aware of the risk to life, and consciously disregarded that risk, a jury found defendant guilty of implied malice second degree murder of Cesario (count 1). (See People v. Watson (1981) 30 Cal.3d 290.) The jury also found defendant guilty of two DUI-related Vehicle…