People v. Calderon CA5

BACKGROUND

On June 22, 2011, a jury found defendant guilty of six counts of attempted murder (Pen. Code,1 §§ 187, subd. (a), 664), and one count of firing into an inhabited dwelling (§ 246). The jury also found true various enhancements that had been alleged in the information. Defendant was sentenced for these convictions to 120 years to life in prison.2 However, following a reversal of the judgment and a remand for resentencing by this court, defendant was resentenced to a term of 55 years to life. In July 2022, defendant filed with the trial court a petition to dismiss all firearm enhancements, and a request for a Franklin hearing. On August 2, 2022, the court denied defendant’s request to dismiss his firearm enhancements, stating his conviction was already final when the relevant legislative changes were made for such relief. However, in that same order, the court also denied defendant’s request for a Franklin hearing, without prejudice, referencing a prior ruling of the court. A notice appealing that order was filed on August 17, 2022. In his opening brief, defendant only challenges the trial court’s denial of his request for a Franklin hearing. In response, the People…