P. v. Franklin CA3
At approximately 6:00 p.m. on April 23, 2016, defendant was the passenger, and Cesario the driver, as they left a casino in defendant’s pickup truck. Before they left, defendant consumed three alcoholic drinks at the casino.
Around 7:30 p.m., the men entered a restaurant where Cesario’s girlfriend worked. Each man ordered an alcoholic drink. When they left the restaurant, they argued in the parking lot, as Cesario “begg[ed] [defendant] to let him drive.” Around 8:30 p.m. a passing driver saw the truck on its side, off the road, and called 911.
A firefighter who responded to the scene heard defendant “saying he had F’d up; that he had killed his buddy; he was going to be in big trouble.” A sheriff’s deputy who responded to the scene observed defendant “resting up against the back of one of the medic vehicles in the roadway.” Defendant “appeared to be unsteady on his feet” while standing, and “sway[ed] from side to side while he was seated up against the medic v
Comments on P. v. Franklin CA3