People v. Harper CA2/8

Filed 9/4/15 P. v. Harper CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B261521

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA095460) v.

DEROME HARPER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed.

Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Derome Harper appeals from a murder conviction for the shooting of his best friend, Jamal Lindsey. Harper’s counsel on appeal has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. After independent review of the record, we affirm the judgment. DISCUSSION Harper and Lindsey were good friends who belonged to the same street gang in Long Beach, the Rolling 20 Crips. In April 2013, they also happened to be dating sisters Toni Cox and Taquasha Speck. Harper had a young son with Cox while Lindsey had just begun to date Speck. On April 20, 2013, the two couples attended a funeral together. After the funeral, they arrived back at Speck’s house. Harper and Lindsey then left in Speck’s car for a few hours. When they came back, Speck and Lindsey dropped Harper off at his home. Later, Lindsey called Harper, accusing him of taking his PlayStation. Harper believed Lindsey had agreed to let him borrow it. Speck drove Lindsey to a home used by the Rolling 20’s to pick up the PlayStation from Harper. When they arrived, Harper was waiting for them outside. He gave the PlayStation to Lindsey, who exited the car and began to fight with Harper. Lindsey quickly knocked Harper to the ground. Harper then shot Lindsey approximately 14 times when Lindsey attempted to get back in the car.1 Harper was charged with one count of murder under Penal Code2 section 187, subdivision (a) with special allegations that he personally discharged a firearm and personally used a firearm in the offense under sections 12022.53, subdivisions (b)-(d). It was further alleged Harper suffered a prior conviction for first degree burglary and a prior separate prison term. (§§ 667, subds. (a)(1) & (b)-(i), 667.5, subd. (b), 1170.12.)