People v. Harris CA2/3

BACKGROUND

I. The underlying crime2

“On April 19, 2015, Isiah Mack was working at a medical marijuana dispensary as an armed security guard. Before letting customers enter, Mack verified they had identification and a doctor’s recommendation. That evening, Harris went to the

1 All further statutory references are to the Penal Code.

2 The factual background is from the Court of Appeal opinion affirming with directions Harris’s judgment of conviction, People v. Harris (Nov. 6, 2019, B285260) [nonpub. opn.]. We take judicial notice of that opinion and of the record. (Evid. Code, §§ 451, subd. (a), 452, subd. (a).)

2 dispensary by himself and, as he had the appropriate documentation, Mack let him in. “Less than an hour later, Harris returned with Dharmen Prasad. Having just seen Harris’s documentation, Mack again let him in. But when Mack asked Prasad for his documents, Prasad pointed a gun at Mack and asked, ‘What are you doing in the hood with a Blood and burner?’ Prasad took Mack’s gun from its holster and threatened to shoot him. For his part, Harris patted Mack down but also convinced Prasad not to shoot Mack. Prasad left with Mack’s gun while Harris looked on. When Mack…