People v. Harless CA3

FACTS AND HISTORY OF THE PROCEEDINGS

This case arises from defendant’s two prior convictions as a juvenile. Defendant was born in 1981. In December 1997, at the behest of a third person, defendant went to the 70-year-old victim’s home to collect on a $50 debt owed to that third person. The third person also instructed defendant to teach the victim a lesson. Doing as instructed, when he went to collect the debt, defendant repeatedly hit the victim in the head with a metal baseball bat brutally killing him. He then stole a gun and jewelry and set the victim’s home on fire. Defendant was convicted of second degree murder and robbery (§§ 187, 212.5) and the trial court sentenced defendant to 15 years to life on the count charging murder with a nine-year concurrent sentence for the robbery. In 1998, defendant was in a courthouse holding cell waiting to testify in a murder trial. When he saw the victim of the threats and intimidation charges later brought against him, defendant started shouting loud and angry threats at her, “Bitch! You testify and I’ll kill you! You testify and I’ll kill your family.” Later when the officers returned to his cell, defendant was still extremely agitated…