Harden

Filed 3/11/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078191

Plaintiff and Respondent,

v. (Super. Ct. No. SCN124346)

YOLANDA HARDEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan Weber, Judge. Affirmed.

David M. McKinney, under appointment by the Court of Appeal for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Heather M. Clark, Deputy Attorneys General, for Plaintiff and Respondent. This appeal illustrates the appropriate use of a prior appellate opinion’s resolution of an issue of law in determining whether a petitioner has

established a prima facie case under Penal Code section 1170.95.1 In 2001, a jury convicted Yolanda Harden of murdering 85-year-old Alfred P. during a residential burglary and robbery. This court affirmed her conviction of first degree murder with special circumstances in a partially published opinion, People v. Harden (2003) 110 Cal.App.4th…