People v. Tharpe CA2/3

INTRODUCTION

In 2012, Eric Tharpe pleaded no contest to attempted murder and admitted that he personally used and discharged a firearm in committing that crime. Tharpe now appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 The record of conviction establishes Tharpe is ineligible for resentencing as a matter of law because the record of conviction, including the preliminary hearing transcript, reflects that he was the sole perpetrator. We therefore affirm the order.

FACTS AND PROCEDURAL BACKGROUND

The Underlying Offense2 In 2005, Brandi Saxon-Hendricks testified at a murder trial against a Marvin Avenue Crips gang member. After that testimony, Marvin Avenue Crips gang members, including Tharpe, began threatening Saxon-Hendricks and her family. One afternoon in May 2011, Saxon-Hendricks, her husband Donte Hendricks, and several members of their family were at a burger stand in Los Angeles. Tharpe approached the burger stand and sat at a table. Tharpe repeatedly asked Hendricks, “remember

All undesignated statutory references are to the Penal Code.

We take our facts from the testimony at the preliminary hearing. “We…