People v. Harper CA1/2

INTRODUCTION

Defendant Derrick Damon Harper and Joseph Bradshaw were charged and tried in a joint trial before separate juries for felony murder (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17)), and accompanying gang and firearm enhancements (§§ 186.22, subd. (b)(1)(C), 12022.53, subds. (b), (d), (e)(1)).1 Additionally, it was alleged defendant had suffered two prior felony convictions for kidnapping (§§ 207, subd. (a), 667, subds. (a)(1), (d)-(e), 1170.12, subds. (b)-(c), 667.5, subd. (a)). Midway through trial, the court granted defendant’s request to represent himself and appointed standby counsel.

All undesignated statutory references are to the Penal Code unless

otherwise stated.

1 The jury convicted defendant of first degree felony murder, and found true the firearm and gang enhancements.2 The trial court determined that defendant’s prior convictions qualified as strikes, that he committed two prior serious felonies, and that he had served two prior prison terms. The trial court denied defendant’s new trial motion and sentenced him to life without the possibility of parole, plus 116 years to life. This sentence was ordered to be served consecutively to the term of…