California Court of Appeal

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People v. Franklin, 263511

Sentence for a burglary, criminal threats, and attempted extortion offenses in a gang case is vacated and remanded for resentencing where there was insufficient evidence to support the jury's true findings on the gang enhancement allegations, when the prosecution failed to prove a connection between defendant's offenses and a street gang and failed to present evidence sufficient to make a finding of specific intent required by the enhancement.

Appellate Information

  • Decided
  • Published 2016/06/30

Judges

  • LUI

Court

  • California Court of Appeal

Counsel