Opinion
D060128 Super. Ct. No. SWF015432
02-06-2012
THE PEOPLE, Plaintiff and Respondent, v. JASON SCOTT HARMON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of Riverside County, Timothy F. Freer, Judge. Affirmed in part, reversed in part and remanded with directions.
A jury found Jason Scott Harmon guilty of two counts of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c); counts 2 & 5), attempted willful, premeditated and deliberated murder of a peace officer (§§ 664, 187, subd. (a); count 3), carjacking (§ 215; count 6), two counts of vehicle theft (Veh. Code, § 10851; counts 7 & 10), possessing a stolen vehicle (§ 496d; count 9) and evading police while driving recklessly (Veh. Code, § 2800.2; count 12). Harmon waived his right to a jury trial on allegations he had suffered two strikes (§ 667, subds. (b)-(i)), and in a bifurcated hearing the court found the allegations true. The court sentenced Harmon to prison for 222 years to life: 45 years to life on count 3; terms of 25 years to life on counts 2, 5, 7, 9, 10 and 12; and 27 years to life on count 6.
Further statutory references are to the Penal Code unless otherwise specified.
Harmon appeals, contending the case should be remanded for clarification of the court's order regarding the restitution fine and parole revocation restitution fine; the case should be remanded for a determination whether Harmon was prejudiced by the court's erroneous denial of discovery of statements of deputy sheriffs called as witnesses and of reports of an internal investigation; and this court should examine the transcript of the in camera hearing to determine why the trial court denied discovery. Respondent concedes Harmon is correct concerning the fines and that he was entitled to the statements and reports. We agree with Harmon's first and second contentions, and conclude his third contention is moot.
BACKGROUND
On February 14, 2006, in Hemet, someone drove off in an Automobile Club of Southern California flatbed tow truck when the tow truck driver, Daniel Medina, was away from the vehicle. On February 16, a man driving a similar flatbed tow truck, towing a utility trailer, stopped at a home in Riverside, loaded the homeowner's two motorcycles on the truck and drove away hurriedly. About 1:45 p.m. on February 17, in Sun City, a man opened a parked car with a slim jim, got in the car and rummaged around inside. When witnesses confronted the man, he got in the stolen tow truck and drove away rapidly, nearly hitting the witnesses. About 3:30 p.m. on February 17, in Sun City, a man driving a similar flatbed truck stole a travel trailer from a mobile home park and towed away the trailer. The truck headed north on the Interstate 215 freeway. A witness saw a motorcycle in the truck bed.
About 3:30 or 3:40 p.m. on February 17, 2006, Deputy Sheriff Heuer, parked at an overpass on Interstate 215, saw Harmon driving the tow truck with the trailer. Heuer called for backup, followed the tow truck and activated his lights and siren. Harmon pulled over, then drove away as the backup officers approached. Harmon accelerated on San Jacinto Avenue, staying in the middle of the road and veering sharply from left to right, causing the trailer to swing violently and nearly reach both shoulders of the road. There were 10 to 12 children in the area that had just gotten off a school bus.
After a chase, Harmon came to a stop in a field. He crossed the freeway on foot and flagged down a motorist. When the motorist stopped, Harmon threatened to kill him, pulled him out of his truck and got in. As Harmon sped off in the truck, heading straight toward Deputy Sheriff Kiebach, Deputy Sheriff Rowan fired at Harmon three times. Harmon sped straight toward Corporal Hoxmeier, who was on foot. With Deputy Sheriff Nunley in pursuit on his motorcycle, Harmon continued speeding, then stopped. When Nunley started to get off his motorcycle, Harmon put the truck in reverse and backed up rapidly toward Nunley. Harmon then sped away again, still driving recklessly, with Nunley and other officers in pursuit. Eventually, Harmon stopped in the middle of the road, got out of the truck, ran toward a car, tried to open the driver's side door and yelled at the driver to open the door. Deputy Sheriff Anderson drew his gun and ordered Harmon to surrender. Harmon ran away, but tripped and fell. After a struggle, deputies took him into custody. Harmon had Medina's identification in his possession.
The deputies discovered Harmon had been shot. They treated his injuries and had him transported to the hospital in an ambulance. Harmon filed a lawsuit against Riverside County and Deputies Rowan, Kiebach, Nunley and Sims, who were also involved in the pursuit.
FINES
According to the reporter's transcript, the court imposed a restitution fine of $8,000 (§ 1202.4, subd. (b)) and suspended a parole revocation fine of $80,000 (§ 1202.45). The minutes and abstract of judgment say each fine was $80,000. The two fines must be in the same amount (§ 1202.45) and no more than $10,000 each (§ 1202.4, subd. (b); People v. Blackburn (1999) 72 Cal.App.4th 1520, 1534.) We reverse the fines and remand for the imposition of fines according to these constraints.
DISCOVERY
The court denied Harmon's request for discovery of statements by Deputies Rowan, Kiebach and Sims and reports of any internal affairs investigation by the Riverside County Sheriff's Office. Respondent correctly concedes Harmon was entitled to these items. (§ 1054.1, subd. (f).) We remand the case with directions to order the prosecutor to provide the items to Harmon, through his counsel, who shall determine whether any further action is appropriate. This renders moot Harmon's request that this court examine the transcript of the trial court's in camera hearing to determine why the trial court denied discovery.
DISPOSITION
The orders for the restitution fine (§ 1202.4, subd. (b)) and parole revocation restitution fine (§ 1202.45) are reversed. The case is remanded for the imposition of the two fines in the same amount and within the allowed maximum; the preparation of an amended abstract of judgment; and the forwarding of the amended abstract to the Department of Corrections and Rehabilitation. On remand, the court shall order the prosecutor to provide the above items of discovery to Harmon, through his counsel, who shall determine whether any further action is appropriate. In all other respects, the judgment is affirmed.
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McCONNELL, P. J.
WE CONCUR:
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BENKE, J.
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IRION, J.