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.