The above-entitled matter is transferred to the Court of Appeal, Third Appellate District, with directions to vacate its decision and reconsider the cause in light of People v. Franklin (2016) 63 Cal.4th 261, 268-269, 283-284, 202 Cal.Rptr.3d 496, 370 P.3d 1053. (Cal. Rules of Court, rule 8.528(d).)

Cantil Sakauye, C.J., was recused and did not participate.