People v. Franklin CA3

Filed 7/3/24 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C099919

Plaintiff and Respondent, (Super. Ct. No. 01F02563)

v.

TIMOTHY PRINCE FRANKLIN,

Defendant and Appellant.

Defendant Timothy Prince Franklin appeals following his resentencing pursuant to Penal Code1 section 1172.75. Defendant contends the trial court abused its discretion by declining to strike a five-year sentence enhancement imposed pursuant to section 667, subdivision (a). We see no abuse of discretion and affirm.

Undesignated statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

We described the underlying offenses and procedural background in our decision in…