People v. Harper CA3

BACKGROUND

At defendant’s preliminary hearing on May 1, 1995, three police officers testified (based on conversations with defendant, codefendants, and witnesses) that defendant devised a plan with four others to rob an illegal gambling establishment in Stockton on the night of January 11, 1995. All five individuals carried firearms. The plan shifted to robbing one individual, Prince Austin. Once Austin left the establishment, codefendant Constanty Boyse pulled a shotgun on Austin, who ran. Boyse shot at Austin, striking him in the chest. Defendant saw Austin fall then ran away with Boyse. Austin later died from his wounds. On January 23, 1997, defendant pleaded guilty to second degree murder and admitted he was armed with a firearm during the commission of the crime. The minutes from the hearing state that the factual basis of the plea was based on a stipulation by counsel; the plea agreement and change of plea hearing transcript were both sealed. Defendant was sentenced to 15 years to life for the murder and one additional year for the firearm enhancement. On January 10, 2019, defendant filed a petition for resentencing under section 1170.95. Defendant checked the boxes on a…