P. v. Frank
A jury found defendant and appellant Wilbert Frank, Jr., guilty of deliberate premeditated murder. (Pen. Code, § 187, subd. (a).)[1] In relation to the murder conviction, the jury found true the enhancement allegation that defendant personally and intentionally discharged a firearm proximately causing death to another person. (§§ 12022.53, subd. (d), 1192.7, subd. (c)(8).) Additionally, the jury found defendant guilty of willfully and unlawfully possessing a firearm within 10 years of a domestic violence conviction. (§ 243, subd. (e)(1).) (Former § 12021, subd. (c)(1) [eff. Jan. 2009].) The trial court sentenced defendant to prison for an indeterminate term of 50 years to life.
Defendant raises four issues on appeal. First, defendant contends the trial court erred by preventing defendant from presenting evidence reflecting he suffered from carbon monoxide poisoning at the time of the murder. Second, defendant asserts the trial court erred by not instructing the jury about the prosecution’s failure to preserve a sample of defendant’s blood that was taken at a hospital after the murder. Third, defendant contends the trial court erred by not instructing the jury on the law of provocation and heat of passion in relation to premeditation and deliberation. Fourth, defendant asserts the trial court erred by imposing restitution in the amount of $82,583.93 because the record does not support restitution in that amount. We affirm the judgment.
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