P. v. Franco
Following a jury trial, Abran Franco was convicted of two counts of second degree murder (Pen. Code,[1] § 187, subd. (a)). As to each count the jury found the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and found that a principal discharged a firearm resulting in death (§ 12022.53, subds. (d) & (e)(1)).
Franco was sentenced to an indeterminate term of 80 years to life in prison.
Franco appeals challenging only the conviction for murder in count 2. He also contends the abstract of judgment must be corrected to reflect the proper sentences for the murder counts. The People properly concede the abstract of judgment must be amended.
Franco's challenge to his conviction in count 2 is based on his claim the trial judge erred in refusing to instruct the jury on voluntary manslaughter based on imperfect self-defense. We find there is no factual basis in the record to support such instruction and affirm the conviction.
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