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"Franklin" Hearing Denial: REVERSED

California v. Benzler Docket: C092779 (Third Appellate District), Opinion Date: December 14, 2021. Defendant Allen Benzler was sentenced in 2014 for offenses he committed when he was 18 years old. He appealed the summary denial of his motion for a "Franklin" hearing under California Penal Code section 1203.01, contending he satisfied the eligibility criteria for such a hearing laid out in In re Cook, 7 Cal.5th 439 (2019), and did not previously have an opportunity to present evidence related to his status as a juvenile offender. To this, the Court of Appeal concurred, reversed the trial court’s order, and remanded the matter for further proceedings. #franklinhearing #juvenileoffender #youthoffendercharacteristics


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