People v. Franklin CA3

BACKGROUND

As reflected in our 2010 opinion on direct appeal from the judgment, defendant, while in jail for an altercation with Timothy Hurst (aka T-Money), called Floyd Martin and told him to “get on Money.” Martin shot Hurst several times, but Hurst survived. (People v. Martin (Nov. 30, 2010, C060683) [nonpub. opn.] (Martin).) The trial court sentenced defendant to 50 years to life for the conspiracy count with an additional 25 years to life for a firearm enhancement under section 12022.53, subdivisions (d) & (e).

1 Effective June 30, 2022, the Legislature renumbered Penal Code section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) For purposes of clarity and conformity with the petition, we will continue to refer to the statute as section 1170.95 throughout the opinion. Further undesignated statutory references are to the Penal Code.

2 The trial court also imposed but stayed an indeterminate term for the attempted murder count. Effective January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015, § 3 (Senate Bill 1437)) amended the law to ensure that no one would be liable for murder unless that person (1) was the…