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People v. Franklin

Court of Appeals of California, Fourth District, Division One.
Apr 18, 2018
22 Cal.App.5th 137 (Cal. Ct. App. 2018)

Opinion

No. D071453.

04-18-2018

THE PEOPLE, Plaintiff and Respondent, v. D'MARE ATTE FRANKLIN, Defendant and Appellant.


[Modification of opinion (21 Cal.App.5th 881; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT. — IT IS ORDERED that the opinion filed on March 26, 2018 be modified as follows:

1. In the paragraph commencing at the bottom of page 3 [21 Cal.App.5th 884, advance report, 6th full par., line 2], the second sentence beginning "As they approached their car," is deleted and the following sentences are inserted to read:

As they approached their car, Franklin emerged from the bar. He yelled that he was "ready to fight."

2. On page 19, after the second full sentence on the page [21 Cal.App.5th 894, advance report, 1st full par., line 10], "The instructions further specified that `[a] decision to kill made rashly, impulsively, or without careful consideration of the choice and its consequences is not deliberate and premeditated.' (Ibid.)" insert the following sentence:

The erroneous heat of passion instruction, which was explicitly limited to "attempted voluntary manslaughter," did not affect these other instructions. Appellant's petition for rehearing is denied.

There is no change in the judgment.


Summaries of

People v. Franklin

Court of Appeals of California, Fourth District, Division One.
Apr 18, 2018
22 Cal.App.5th 137 (Cal. Ct. App. 2018)
Case details for

People v. Franklin

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. D'MARE ATTE FRANKLIN, Defendant…

Court:Court of Appeals of California, Fourth District, Division One.

Date published: Apr 18, 2018

Citations

22 Cal.App.5th 137 (Cal. Ct. App. 2018)