People v. Franklin CA1/3

BACKGROUND

In 2011, Franklin was charged with first-degree murder (Penal Code § 187), with an enhancement for personal use of a firearm (§ 12022.53, subds.

All statutory references are to the Penal Code, unless otherwise

indicated.

1 (b)–(d).) Franklin was a minor at the time. A jury found him guilty of the charge and found true the firearm enhancement. The trial court sentenced him to 25 years to life for the murder and a consecutive 25-to-life term on the enhancement, for a total of 50 years to life in state prison. In September 2018, the parties stipulated to holding a hearing pursuant to Proposition 57,2 which entitled minors to a hearing before a juvenile court to determine whether it was appropriate for the minor to be charged in adult criminal court. (Welf. & Inst. Code, § 707, subd. (a)(1); People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 305.) After the Proposition 57 hearing, the juvenile court transferred Franklin’s case back to adult court, at which time the trial court set a resentencing hearing due to a recent amendment to section 12022.53 that provided trial courts the discretion to strike firearm enhancements imposed under that section.3 (See § 12022.53,…