People v. Franklin CA4/1

Filed 10/24/13 P. v. Franklin CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063871

Plaintiff and Respondent,

v. (Super. Ct. No. SCN309838)

ROXANA FRANKLIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Kathleen M. Lewis, Judge. Affirmed.

Janice R. Mazur, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Roxana Franklin was convicted, following a court trial, of exhibiting a firearm in a

threatening manner against an occupant of a motor vehicle (Pen. Code,1 § 417.3). The

court also found Franklin personally used a firearm in the commission of the offense

1 All further statutory references are to the Penal Code unless otherwise specified

(§ 1192.7, subd. (c)(8)). The court granted Franklin probation subject to 180 days

custody, to be served in the electronic surveillance program in lieu of jail.

Franklin filed a timely notice of appeal.

Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436