People v. Harris CA5

INTRODUCTION

In 1992, a jury convicted defendant Clay Arthur Harris of first degree murder (Pen. Code, § 187; count I), attempted second degree robbery (§§ 211, 664; count II), two counts of second degree robbery occurring on different days (§ 211; counts III, VI), assault with a deadly weapon (§ 245, subd. (a)(1); count IV), and kidnapping (§ 207; count V). (Undesignated statutory references are to the Penal Code.) After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a section 1172.6 (former § 1170.95)1 petition for resentencing. The court denied the petition without issuing an order to show cause, concluding defendant was a major participant in the underlying felony who was ineligible for resentencing. We previously reversed the court’s order in an unpublished opinion, concluding the court erred in denying the petition without issuing an order to show cause because the record did not establish defendant was ineligible for resentencing as a matter of law. On remand, the trial court held an evidentiary hearing after which it found defendant was a major participant in the crime who acted with reckless indifference to human life.…