People v. Harris CA2/4

Filed 11/20/25 P. v. Harris CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B336133

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. NA078478) v.

BERNARD JEROME HARRIS,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Verna Wefald and Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Appellant Bernard Jerome Harris (Harris) was convicted of murder and attempted murder in 2009. Harris petitioned for resentencing under former Penal Code section 1170.95,1 since renumbered as section 1172.6. (Stats. 2018, ch. 1015, § 4; Stats. 2022, ch. 58, § 10.) The trial court denied Harris’s petition in 2020, relying solely on language from the opinion resolving Harris’s direct appeal. This division reversed, directing the trial court to make its own assessment of the evidence. (People v. Harris (Dec. 8, 2021, B306109) [nonpub. opn.].) The trial court did so, and again denied Harris’s petition. Harris now appeals from the second denial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND On May 30, 2007, Richard Theus (Theus) and a companion were beaten and robbed by members of the “Sex, Money, Murder” gang. Theus was a member of a rival gang, the “Boulevard Crips.” The attack occurred on territory claimed by Sex, Money, Murder. Later that evening, Derick Holman (Holman), who associated with members of Sex, Money, Murder, and Marcus Peters, himself affiliated with Sex, Money Murder, walked to a gas station in the gang’s territory. Holman spotted Theus walking in an alley nearby. While Holman and Peters were at the gas station, a silver car pulled up and a man later identified as Harris got out. Harris approached Holman and Peters and asked if they were members of Sex, Money, Murder. They said they were not. Harris returned to the car. This interaction was caught on