People v. Harris CA2/3

Filed 9/28/21 P. v. Harris CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B308782

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA133670 v.

JULIUS D. HARRIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Reversed and remanded with directions. Kathy R. Moreno, 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, Idan Ivri and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 2014, defendant Julius D. Harris was convicted of first degree murder with gang and gun enhancements after a fight at a party spiraled out of control. He appeals from the summary denial of his petition for recall and resentencing under Penal Code section 1170.95. On appeal, the People agree with defendant that the trial court engaged in improper fact-finding when it found that he had the specific intent to kill and acted as a major participant in the underlying felony and with reckless indifference to human life. We agree. We therefore reverse and remand for further proceedings.