Modification: People v. Franklin

THE PEOPLE,

Plaintiff and Respondent,

v.

D'MARE ATTE FRANKLIN,

Defendant and Appellant.

No. D071453

(Super. Ct. No. SCE351716)

California Courts of Appeal

Fourth Appellate District

Division One

Filed April 18, 2018

ORDER MODIFYING OPINION

AND DENYING REHEARING

NO CHANGE IN JUDGMENT

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, 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, "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.

HALLER, Acting P. J.