People v. Harris CA2/4

INTRODUCTION

Appellant Bernard Jerome Harris (Harris) was convicted of murder and attempted murder in 2009. Harris petitioned for resentencing under former Penal Code section 1170.95,1 since renumbered as section 1172.6. (Stats. 2018, ch. 1015, § 4; Stats. 2022, ch. 58, § 10.) The trial court denied Harris’s petition in 2020, relying solely on language from the opinion resolving Harris’s direct appeal. This division reversed, directing the trial court to make its own assessment of the evidence. (People v. Harris (Dec. 8, 2021, B306109) [nonpub. opn.].) The trial court did so, and again denied Harris’s petition. Harris now appeals from the second denial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 30, 2007, Richard Theus (Theus) and a companion were beaten and robbed by members of the “Sex, Money, Murder” gang. Theus was a member of a rival gang, the “Boulevard Crips.” The attack occurred on territory claimed by Sex, Money, Murder. Later that evening, Derick Holman (Holman), who associated with members of Sex, Money, Murder, and Marcus Peters, himself affiliated with Sex, Money Murder, walked to a gas station in the gang’s territory. Holman spotted Theus walking in an…