California v. FranksAnnotate this Case
Defendant Allen Bocteemus Franks killed his girlfriend. On appeal, defendant contended his conviction for voluntary manslaughter had to be overturned due to his counsel’s implicit concession during closing argument that defendant killed the victim. He also challenged a $400 fine imposed by the trial court. In supplemental briefing, defendant asked the Court of Appeal to remand his case to permit the trial court to consider whether to exercise its discretion and strike his prior serious felony enhancement, pursuant to Senate Bill No. 1393 (Stats. 2018, ch. 1013, sections 1-2). After review, the Court of Appeal remanded for the trial court to conduct a new victim restitution hearing, but in all other respects, the trial court judgment was affirmed.