People v. Palaminos CA5

BACKGROUND

On July 3, 2006, defendant killed an entire family when he hit their vehicle while he was driving intoxicated in a vehicle he had just stolen. According to defendant’s date of birth in the record, defendant was 26 years old at the time he committed the crimes. Following a court trial, he was convicted of five counts of murder, as well as multiple other counts, and the court sentenced him to 75 years to life (five consecutive terms of 15 years to life) on the murder counts, plus a four-year determinate term. In 2009, we affirmed the judgment on appeal in People v. Palaminos (Apr. 30, 2009, F054625) [nonpub. opn.]. On May 29, 2020, defendant filed a motion to augment the record to include mitigating evidence relating to youthful factors pursuant to section 3051 and Franklin, supra, 63 Cal.4th 261—in other words, a motion for a Franklin proceeding.2 In the motion, he asserted that he was 25 years of age or younger at the time of the offenses. After several continuances, on February 11, 2021, the trial court denied defendant’s motion for a Franklin proceeding.

All statutory references are to the Penal Code. “Franklin processes are more properly called…