California v. Franklin
Annotate this CaseA jury convicted D'Mare Franklin of one count of premeditated and deliberate attempted murder, and two counts of assault with a semiautomatic firearm. The jury also found that Franklin personally used a firearm in connection with each count, leading to firearm enhancements on each of his sentences. On appeal, he argued his attempted murder conviction should have been reversed due to errors that purportedly led the jury to give insufficient consideration and weight to provocation. Because Franklin failed to establish prejudice flowing from any such errors, the Court of Appeal affirmed his conviction. However, in light of recent legislative changes to the sentencing scheme for firearm enhancements, the Court remanded for resentencing.
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