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The People v. Wilmer Earl Harden et al

July 19, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
WILMER EARL HARDEN ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. No. 06F10780)

The opinion of the court was delivered by: Robie, Acting P. J.

P. v. Harden

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendants Wilmer Earl Harden and Marcus Xavier McCauley sold drugs to a confidential informant who testified against them at trial. As a result, a jury found Harden and McCauley guilty of conspiring to sell cocaine base and of selling cocaine base. The court sentenced Harden to 3 years in prison and McCauley to 14 years in prison because of various enhancements.

Harden and McCauley both appeal. McCauley raises the following two contentions: (1) we should review the sealed transcript in relation to his motion to disclose peace officer personnel records to determine whether the trial court abused its discretion in denying the motion; and (2) the prosecutor committed misconduct in closing argument by vouching for the confidential informant, and trial counsel was ineffective for not objecting. Harden raises the following contention: he is entitled to additional conduct credits pursuant to the January 2010 amendments to former Penal Code*fn1 section 4019 (Stats. 2009, 3d Ex. Sess., ch. 28, § 50 (former section 4019)). We agree with Harden's claim only.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2006, Donald Hatch was arrested for possessing drugs that he had obtained from McCauley. Later that month, Hatch entered into a contract with Sacramento Police Detective Jon Jennings to be a confidential informant. The contract required Hatch to testify "truthfully and completely" if he wanted to receive the benefit of the contract, which included a stipulated three-year prison sentence for his own drug possession charge.

In July 2006, Hatch negotiated over the telephone the purchase of eight ounces of cocaine for $3,600 from McCauley. The purchase took place in a house with Hatch, McCauley, and Harden present. Hatch gave Harden $3,600 that Hatch had obtained from Detective Jennings, and Harden gave Hatch eight ounces of rock cocaine. McCauley oversaw the transaction.

In December 2006, Hatch was arrested again on drug charges. In November 2007, Hatch was offered a plea deal for those charges of "four years and four months . . . conditioned upon his truthful testimony."

At trial in this case, Hatch stated he was testifying because the contract and plea deal required him to do so and that he was testifying truthfully. He then recounted the facts detailed above implicating both defendants.

DISCUSSION

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