People v. Harris CA1/3

Filed 12/24/24 P. v. Harris CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169862 v. NOAH MICHAEL HARRIS, (Contra Costa County Super. Ct. No. 01001961580) Defendant and Appellant.

In this court’s prior nonpublished opinion, People v. Harris (Aug. 18, 2023, A164007) we reversed defendant Noah Michael Harris’s conviction for attempted murder. On remand, the trial court entered a modified judgment for attempted voluntary manslaughter and resentenced Harris. Harris now asserts the trial court erred by failing to obtain a supplemental probation report prior to resentencing. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND The Contra Costa County District Attorney filed an information charging Harris with attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; count 1); elder or dependent abuse (§ 368, subd. (b)(1); count 2); assault with a deadly weapon (§ 245, subd. (a)(1); count 3); dissuading a witness from testifying (§ 136.1, subd. (a)(1); count 4); and making criminal threats (§ 422,

1 All undesignated statutory references are to the Penal Code.

subd. (a); count 5). The information alleged Harris inflicted great bodily injury upon an elderly victim during the commission of counts 1 and 3 (§ 12022.7, subd. (c)), and he used a deadly weapon during the commission of counts 1 and 2 (§ 12022, subd. (b)(1)). The information further asserted Harris had two prior felony convictions, which impacted his eligibility for probation (§ 1203, subd. (e)(4)). These charges arose from an incident during which Harris threw a rock at the victim’s car, Harris and the victim engaged in a “heated verbal altercation,” the victim drove his car toward Harris before stopping, and Harris “cut the side of the victim’s neck,” resulting in serious injury. (People v. Harris, supra, A164007.) A jury convicted Harris on all counts and found true the great bodily injury enhancement on count 3. The trial court sentenced Harris to an aggregate term of nine years in state prison. On appeal, this court reversed Harris’s conviction for attempted murder due to instructional error. (People v. Harris, supra, A164007.) We remanded the matter and provided the district attorney with the option of either retrying appellant or accepting a modification of the judgment to reflect a conviction of attempted voluntary manslaughter. (Ibid.) The district attorney elected to not refile the attempted murder charge. Accordingly, the court modified the judgment to reflect a conviction of attempted voluntary manslaughter. In advance of the resentencing hearing, Harris submitted a sentencing memorandum recommending three alternative sentencing options: (1) probation with drug treatment and mental health services; (2) three years in state prison; or (3) behavioral health court. The district attorney requested the court reimpose Harris’s nine-year sentence.