People v. Harker CA3

BACKGROUND

Charges in this case were first filed in March 2021. Several attorneys represented Harker over the course of pretrial proceedings. His trial counsel was appointed in March 2022, one month before trial was set to begin, and obtained several continuances to prepare. Trial began in January 2023.

1 A second amended information, filed after the presentation of the prosecution’s evidence at trial, charged Harker with torture (Pen. Code, § 206; count 1), aggravated mayhem (§ 205; count 2), assault with a deadly weapon (§ 245, subd. (a)(1); counts 3, 4, 11, 14, 15, and 17), criminal threats (§ 422, subd. (a); counts 5 and 6), injuring a dating partner or a child’s parent after a prior conviction (§ 273.5, subds. (b)(3), (b)(4), (f)(1); counts 7, 12, 13, 16, 18, and 19), first degree residential burglary (§ 459; count 8), kidnapping (§ 207, subd. (a); count 9), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 10).1 It further charged various special allegations and aggravating factors. The evidence at trial showed that the 19 counts alleged in the information related to numerous violent incidents between Harker and the victim over the course of their…