People v. Carranza
Annotate this CaseWhile working at a machine press, Fraire was stabbed from behind. He turned and saw the assailant, who was wearing a red shirt; he had previously seen the man at the factory. Fraire was stabbed in the abdomen, chest, and arm before the attacker ran away. Before being taken to the hospital, Fraire told his supervisor, his father (who also worked at the factory), and a police officer that his attacker was wearing a red shirt. He also stated the attacker was a Hispanic male co-worker with a shaved head. At trial, Fraire identified Carranza as his attacker, although he had been unable to identify him in a photographic lineup while he was in the hospital. Carranza was charged with attempted premeditated murder and assault with a deadly weapon, with an allegation that he personally inflicted great bodily injury and committed the crimes for the benefit of a criminal street gang. A jury convicted Carranza of assault with a deadly weapon and found true the great bodily injury enhancement but found the gang enhancement not true. Following a retrial, Carranza was convicted of attempted murder and was sentenced to a total of 11 years to life in prison. The court of appeal affirmed, remanding for the limited purpose of affording both parties the opportunity to make a "Franklin" record of information relevant to appellant’s future youth offender parole hearing. The court upheld the admission of gang evidence at trial.
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