People v. Harris CA5

INTRODUCTION

In 2010, appellant and defendant Carol Laverne Harris was convicted of the second degree murder of her husband, Karl Johnson, and sentenced to 15 years to life. In 2014, this court affirmed her conviction. In 2019, defendant filed a petition in the superior court for resentencing of her second degree murder conviction pursuant to Penal Code1 section 1170.95, and argued she was improperly convicted under the natural and probable consequences doctrine, and she was not a major participant and did not act with reckless indifference to human life. The court denied the petition. On appeal, her appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

FACTS2

On August 30, 2008, defendant called her son, Dasheme Hosley (Dasheme), and falsely said her husband, Karl Johnson (Johnson) had physically abused her. Defendant told Dasheme to come over to her house and handle it. When Dasheme arrived at the house, Johnson hesitated to answer the door, but defendant insisted he do so. When Johnson opened the door, Dasheme…