People v. Harris CA2/3

INTRODUCTION

In 2014, defendant Julius D. Harris was convicted of first degree murder with gang and gun enhancements after a fight at a party spiraled out of control. He appeals from the summary denial of his petition for recall and resentencing under Penal Code section 1170.95. On appeal, the People agree with defendant that the trial court engaged in improper fact-finding when it found that he had the specific intent to kill and acted as a major participant in the underlying felony and with reckless indifference to human life. We agree. We therefore reverse and remand for further proceedings.

BACKGROUND1

By information dated August 28, 2014, defendant and codefendant Michael Dunn were charged with one count of murder (Pen. Code,2 § 187, subd. (a); count 1). The information also alleged that the crime was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and that each defendant personally used and discharged a firearm, causing great bodily injury and death (§ 12022.53, subds. (b)–(d)). The information also alleged Dunn had suffered various prior convictions.

1Because the People concede reversal is required in this case, we do not address the…