P. v. Magana CA2/5
A Los Angeles jury convicted defendant Jose Javier Magana (defendant) of attempted premeditated murder, assault with a deadly weapon, and aggravated mayhem. The jury heard evidence defendant armed himself with a baseball bat and attacked two other men, including one who was lying face up on the ground and trying to cover his face and head. The injuries defendant inflicted to the heads of the victims were severe and life-threatening. We are asked to decide whether substantial evidence supports defendant’s convictions, whether the prosecution (without contemporaneous objection) misstated the evidence during closing argument, and whether defendant had a sufficient opportunity under People v. Franklin (2016) 63 Cal.4th 261 (Franklin) to make a record at sentencing for a future youth offender parole hearing.
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