People v. Franklin CA2/5

Filed 11/8/22 P. v. Franklin CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B318458

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. NA099770)

RAEKWON FRANKLIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury found defendant Raekwon Franklin (defendant) guilty of attempted willful, deliberate, and premeditated murder (Pen. Code,1 §§ 664(a), 187(a)) and assault with a firearm (§ 245(a)(2)). The prosecution presented evidence at trial that defendant fired a shotgun at two minors after asking where they were from—a question understood as a gang challenge. As to the attempted murder conviction, the jury found true allegations that defendant inflicted great bodily injury within the meaning of section 12022.7 and personally used a firearm within the meaning of sections 12022.53(b)-(d). As to the assault with a firearm conviction, the jury found true an allegation that defendant personally used a firearm within the meaning of section 12022.5. As to both convictions, the jury found true allegations that the crimes were committed for the benefit of a criminal street gang within the meaning of section 186.22(b). The trial court sentenced defendant to 43 years to life in state prison, with an additional indeterminate life term. The sentence was comprised of a life sentence for attempted murder with an associated 25-years-to-life firearm enhancement and an associated 10-year gang enhancement, plus a consecutive term of three years for the assault with a firearm conviction and five years for the associated gang enhancement. In a prior appeal, we affirmed defendant’s conviction but vacated the sentence because the trial court erred in imposing the 10-year gang enhancement attached to the attempted murder charge. (People v. Franklin (Sept. 27, 2018, B284671) [nonpub. opn.] (Franklin I), citing People v. Lopez (2005) 34 Cal.4th 1002,