People v. Harris CA4/1

Filed 9/29/14 P. v. Harris CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066166

Plaintiff and Respondent,

v. (Super. Ct. No. FV1901066)

RICHARD MONROE HARRIS,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Bernardino, Michael A. Smith,

Judge. Affirmed with directions.

Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In December 2009, a jury found Richard Monroe Harris guilty of assault with a

deadly weapon (Pen. Code,1 § 245, subd. (a)(1), a serious felony (§§ 1192.7,

1 All further statutory references are to the Penal Code.

subd. (c)(31), 1170.126, subd. (e)(1)). In a bifurcated proceeding, the court found true

allegations of a serious felony prior conviction (§ 667, subd. (a)(1)), four prior prison

terms (§ 667.5, subd. (b)) and three prior strike convictions (§ 667, subds. (b)-(i)). In

2010, the court sentenced Harris to prison for 25 years to life plus eight years: 25 years