In re Harless CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A. The Underlying Criminal Convictions

In 1998, Harless pleaded guilty to second degree murder (Pen. Code, § 187; further section references are to the Penal Code unless otherwise indicated), and first degree robbery (§ 211), which are both violent felonies. (§ 667.5, subd. (c)(1) & (c)(9).) He received 15 years to life in prison for the murder plus a concurrent nine years for the robbery. While in prison, Harless was convicted of committing two additional nonviolent felonies--intimidating a witness by force (§ 136.1) and making criminal threats (§ 422). He was sentenced as a third strike offender to 25 years to life for each offense, with the sentence on the criminal threats conviction stayed under section 654. The Sacramento County Superior Court ran the indeterminate term on the witness intimidation offense “consecutive to the term [Harless was] now serving” for his earlier crimes.

B. Harless’s Requests for Early Parole Consideration Under Proposition 57

Following the electorate’s passage of Proposition 57 in November 2016, Harless requested early nonviolent parole consideration under Section 32(a)(1). CDCR denied his…