People v. DONAN

Opinion

HASTINGS, J.

Appellant Franklin Noe Donan was tried twice for first degree murder and attempted robbery. The initial judgment of conviction was reversed because of Wheeler 1 error. Upon retrial the jury convicted him of first degree murder with a special circumstance that it occurred during an attempted robbery. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17).) He was also convicted of attempted robbery. (Pen. Code, §§ 664, 211.) It was found true that he used a firearm in connection with both crimes. (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) Appellant waived his…