P. v. Frank
On four separate occasions during the summer of 2009, defendant Kyle Douglas Frank opened fire at vehicles on the freeway while driving under the influence of both alcohol and cocaine. He was tried by jury and convicted of eight counts of attempted murder (Pen. Code, §§ 664/187, subd. (a))[1], during which he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and four counts of willful and malicious discharge of a firearm at an occupied vehicle (§ 246). The trial court sentenced defendant to serve an aggregate determinate term of 90 years in state prison and imposed other orders, including an order requiring defendant to pay a main jail booking fee.
On appeal, defendant contends: (1) the trial court prejudicially erred and violated his constitutional rights to due process and to a unanimous jury verdict by dismissing a juror (Juror No. 9) during deliberations for intentionally concealing material information during voir dire; (2) the trial court abused its discretion by ordering a sheriff’s deputy to stand near defendant while he testified based on standing practice rather than a case-specific analysis that balanced the need for heightened security against the danger of prejudice to defendant’s case; and (3) the main jail booking fee must be stricken because there is no substantial evidence of defendant’s ability to pay the fee imposed.
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