P. v. Harper CA4/1
Julie Harper was charged with the murder (Pen. Code § 187, subd. (a)) of her husband, Jason Harper, and with allegations that she personally discharged a firearm (§ 12022.5, subd. (a)) and that the discharge of the firearm resulted in Jason's death (§ 12022.53, subd. (d)). Julie's first trial resulted in the jury finding her not guilty of first degree murder and deadlocked on the lessor included offenses of second degree murder and manslaughter. As a result, the trial court declared a mistrial. Julie was tried a second time and convicted of second degree murder. The second jury also found true both firearm allegations. Julie was sentenced to 40 years to life, consisting of 15 years to life for murder and 25 years to life for violation of section 12022.53, subdivision (d). Julie challenges her conviction on five grounds
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