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Name: People v. White
Case #: C095640
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2022

A Franklin hearing does not reopen a final judgment or sentencing; it is an “evidence preservation process” to gather data for future determination of parole. In 2006, White was convicted of second degree murder and other offenses based on an accident he caused driving while intoxicated. He requested and received a Franklin hearing (People v. Franklin (2016) 63 Cal.4th 261) to place on the record mitigating factors in anticipation of a youthful parole hearing. (See Pen. Code, § 3051.) On appeal, he argued the Franklin hearing reopened his case, which would allow application of Assembly Bill No. 518. Held: Affirmed.…

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