People v. Harper CA4/1

Filed 5/3/23 P. v. Harper CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081034

Plaintiff and Respondent,

v. (Super. Ct. No. SCN308840)

JULIE ELIZABETH HARPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Blaine K. Bowman, Judge. Affirmed. Julie Elizabeth Harper, in pro. per.; and Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2015, a jury convicted Julie Elizabeth Harper of second degree

murder (Pen. Code,1 § 187, subd. (a)) and found true an allegation that she personally discharged a firearm causing death or great bodily injury

1 All further statutory references are to the Penal Code.

(§§ 12022.53, subd. (d) & 12022.5, subd. (a)). Harper was sentenced to an indeterminate term of 40 years to life in prison. Harper appealed and this court affirmed the judgment in an unpublished opinion. (People v. Harper (Jan. 5, 2018, D069632).) In 2022, Harper filed a petition for resentencing under section 1170.95 (now renumbered section 1172.6). The court appointed counsel, received briefing, reviewed the record of conviction, and held a hearing. The court found Harper had not presented a prima facie case for relief under section 1172.6 and therefore denied the petition. The court stated: “[T]he Court has examined the record of conviction in this case, which includes the jury instructions that have been given. The Court did not instruct the jury on any felony murder rule under the natural and probable consequences doctrine, or any other theory of which malice was imputed to [appellant] based on solely on [sic] her participation in the crime.