People v. Harper CA1/2

Filed 9/26/23 P. v. Harper CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A167371 v. DERRICK DAMON HARPER (Contra Costa County Super. Ct. No. 5-161769-5) Defendant and Appellant.

Defendant Derrick Harper’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Defendant was informed of his right to file supplemental briefing and has not filed such a brief. We have reviewed counsel’s brief and independently reviewed the record, and we find no errors or other issues requiring further briefing. Accordingly, we affirm. BACKGROUND Prior Proceedings – Underlying Convictions, Appeal, and Remand Following a jury trial, defendant was convicted of first degree felony murder (Pen. Code,1 §§ 187, subd. (a), 190.2, subd. (a)(17)) with gang (§ 186.22, subd. (b)(1)(C)) and firearm (§ 12022.53, subd. (d)) enhancements. Defendant was also found to have suffered two prior felony convictions for

1 Undesignated statutory references are to the Penal Code.

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kidnapping (§ 207, subd. (a)), which qualified as strikes (§§ 667, subds. (d)-(e), 1170.12, subds. (b)-(c)) and serious felonies (§ 667, subd. (a)(1)) and for which he served two prior prison terms (§ 667.5, subd. (a)). The trial court imposed “a life sentence without parole for the murder with special circumstances (§§ 187; 190.2); a consecutive term of 75 years to life (25 years tripled under § 667, subd. (e)(2)(A)(i)); a consecutive firearm enhancement of 25 years (§ 12022.53, subd. (d)); two five-year consecutive prior serious felony enhancements based on defendant’s two prior kidnapping convictions (§ 667, subd. (a) [10 years]); and two three-year consecutive prior prison term enhancements (§ 667.5 [6 years]). [¶] In addition, the court imposed a 45-year minimum parole eligibility (15 years tripled under § 667, subd. (e)(2)(A)(i) on the street gang enhancement.” (People v. Harper (May 4, 2022, A153332) 2022 WL 1401292, at