Hardin

Appellant Wanjiko Hardin was convicted by a jury of second degree murder of a victim over 60 years of age with personal use of a deadly weapon (Pen. Code, §§ 187, 1203.09, subd. (a), 12022, subd. (b)). After admitting two prior convictions for drug-related felonies, defendant was sentenced to state prison for a total term of 17 years to life.

The Attorney General’s brief has an effective abbreviation of the essential facts of the offense. Having verified its accuracy, we adopt it as our own: “During the morning of April 13, 1996, appellant ingested cocaine. While riding as a passenger in his cousin Eric Davis’s car, appellant became involved in a physical altercation with Davis. After rear-ending a car, Davis drove to a residential intersection in Berkeley, where he and appellant continued to struggle. Appellant ran into the home of 79-year-old Lucille Levingston, who had been standing on her porch. A few minutes later, the police arrived, knocked on the door, and announced themselves. Appellant responded by threatening to kill Levingston. Straddling Levingston, he hit her repeatedly on her head and upper torso with a claw hammer. Police entered the home and tackled…