P. v. Jackson CA3
At the age of 23, defendant Lamon Edward Jackson attempted to shoot his friend during an argument outside defendant’s house. After serving two decades of a life sentence for attempted murder with the personal use of a firearm, defendant filed a motion in the trial court for a Franklin proceeding in order to gather evidence for use in a subsequent youth offender parole hearing regarding youth-related factors at the time of the offense. The trial court denied the motion, finding that (1) due to the passage of time, a Franklin proceeding was unlikely to produce fruitful evidence, (2) defendant had an opportunity at a parole hearing in 2019 to present youth-related evidence to the Board of Parole Hearings (parole board), and (3) defendant would have another opportunity at his next scheduled parole hearing in 2024.
Defendant now contends the trial court abused its discretion in denying his Franklin motion. Finding no abuse of discretion, we will affirm the trial court’s order.
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