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VISTA (CNS) - A Carlsbad woman who fatally shot her husband during an argument while their children watched cartoons downstairs will not have her sentence reduced in light of a recent gun law.Julie Elizabeth Harper, 45, was convicted in October 2015 of second-degree murder in the death of her husband, Jason Harper. She was sentenced to 40-years-to-life in prison.This year, the 4th District Court of Appeal found Harper's case is affected by a new law (Senate Bill 620) that took effect in 2018. The law gives judges the ability to add a "gun enhancement" to a defendant's sentence because they used a gun in the crime.RELATED: Carlsbad woman convicted of killing husband could have years removed from sentenceIn sentencing Harper in January 2016, Bowman said her testimony that her husband, a popular math teacher and volleyball coach at Carlsbad High, came at her in a rage and that she shot him accidentally was "inherently untrustworthy and not worthy of belief."Harper's attorney, Gloria Collins, argued in court documents that the gunshot Harper fired was not an "execution-style" shot but rather a single shot that entered her husband's side and "unfortunately struck him in the heart."WATCH JULIE HARPER'S EXCLUSIVE INTERVIEW WITH 10NEWS (JAN. 2016): 1278

VISTA, Calif. (KGTV) — The jury deciding former NFL star Kellen Winslow Jr.'s fate in a rape trial, sent a note to the judge asking two questions.The questions lending a window into what's happening as the jury continues deliberating.10News spoke with Defense Attorney Gretchen Von Helms, to gain insight.On the surface, the questions seem obvious: "The jurors could benefit from an explanation as to what being under oath means. Additionally, how we should follow the law and not what we think the law should mean."RELATED: Kellen Winslow Jr. rape trial: More accusers set to testify"Every fourth-grader knows what under oath is and so also, should we follow the rules? Yes, you're supposed to follow the law," Von Helms said.She said the note made her think the jury was not agreeing, "the jury's trying to be nice here and say there's one person who just doesn't want to follow the rules, that's what it sounds like."The first question, she said, could indicate questions the jurors have, "sometimes police officers have to take an oath to be a police officer and maybe they feel that the police officer didn't do their job and follow up correctly or maybe they feel that their definition of that oath is different from the jurors oath."In regards to the second question, she said "the gut versus law issue, they must follow the law, even if they don't like the defendant, even though some people may not want to convict him because he's a football legacy, you can't do that. You have to look at the evidence and make a determination, is there enough?"RELATED: Accusers set to testify in Kellen Winslow Jr. rape trialVon Helms said the most important take-away from the note and the time spent during deliberations is that it appears the jury is taking the case very seriously.She said the prosecution's job is to lay out the evidence so clearly that the jurors have no doubt on the verdict.She added, the more time they take to come to a decision, the more reasonable doubt there may be.Winslow faces three counts of felony rape, misdemeanors of sexual misconduct among other charges. 2096

VISTA (CNS) - A man has been detained in connection with the death of a woman at a home in Vista, a sheriff's lieutenant said today.Deputies dispatched at 5:55 p.m. Saturday to a home at 475 1/2 Rancho Vista Road, in response to a reported shooting, found a woman suffering from severe injuries, said Lt. Michael Blevins of the San Diego County Sheriff's Department.Paramedics rushed the woman to an area hospital, where she was pronounced dead at 6:44 p.m. Saturday, he said.The sheriff's Homicide Unit asked anyone with any information regarding the incident to call them at (858) 285-6330. 600

VISTA, Calif. (KGTV) -- California could become the first state in the nation to use recycled plastic as part of its roads and freeways.The state Senate unanimously passed SB 1238, which directs Caltrans to study the use of plastics in asphalt for construction, or repair of a state highway or road."There's no other state in the nation that has more paved roads in California," said Sen. Ben Hueso, who wrote the bill. "So, imagine if California developed the use for a product that it's abundant in … This would be a game changer. This would be a great way to reuse plastic.”That's especially important now, as China has stopped buying recycled materials from the U.S. Prior to 2018, California sent 2/3 of its recyclable materials to China, which has since banned all plastic trash imports.Now, instead of going into the landfill, it could go into California’s roads."It would help create jobs in our state. It would help a local contractor that we have in our county, it would help improve the sturdiness of our roads and reduce the maintenance of our roads," said Hueso.Hueso said he got the idea from a group of students at Bonita Vista High School in Chula Vista. He met with their Progressive Club and Green Club, challenging them to find solutions.The students introduced Hueso to MacReber Southern California, a Vista company that takes plastic and prepares it to be used in asphalt."It makes too much sense not to do," said MacReber CEO Rebeca Sparks. "With this technology, we can truly offset our footprint, and not only offset it but be do more than that to be plastic positive."MacReber takes plastic out of the recycling and landfill chain, and then processes it. The company then sells the plastic to asphalt companies. They use the plastic mix instead of oil when making asphalt.MacReber said in addition to being more environmentally friendly, it also creates a stronger, sturdier road."It's going to look feel and move the same as a traditional asphalt," said MacReber President Chris Sparks. "But our product lends to a stronger, longer lasting asphalt road."Hueso said finding a use like this for all of the plastic waste produced in California is vital to the environment, especially now that China has stopped buying the state's plastic waste.The bill still has to get approval from the state Assembly, and then it would need the governor’s signature to become law.After that, Caltrans would be responsible for studying and implementing the idea. 2478

WASHINGTON — President Donald Trump says the Food and Drug Administration has issued an emergency use authorization for convalescent plasma to treat COVID-19 patients.WATCH PRESS CONFERENCE:Trump, announcing the decision Sunday at the White House, called convalescent plasma a “powerful therapy.” He says the FDA’s action will expand access to the treatment, which is already being used. The treatment involves transferring antibodies from recovered COVID-19 patients to patients suffering from the disease.On Sunday, Trump said the administration have provided million to fund the Mayo Clinic study that studied the efficiency in patients that have the virus."Through this study, over 100,000 Americans have already enrolled to receive this treatment, and it is proven to reduce mortality by 35%," Trump said. "It's a tremendous number. The FDA, M.I.T., Harvard, and Mount Sinai Hospital have also found convalescent plasma to be a very effective method of fighting this horrible disease. Based on the science and the data, the FDA has made the independent determination that the treatment is safe and very effective."Trump also announced the administration provided up to 0 million to the American Red Cross and America's blood centers to support the collection of up to 360,000 units of plasma.Department of Health and Human Services Secretary Alex Azar said that patients with the virus who were treated within three days of being diagnoses benefited the most from the treatment."We saw about a 35% under survival in the patients who benefited most from the treatment, who were patients under 80 and not on artificial respiration," Azar said.The announcement follows days of suggestions by White House officials of politically motivated delays by the FDA in approving a vaccine and treatments for the disease caused by the coronavirus.Trump made the announcement on the eve of the Republican National Convention that will nominate him to run against Democrat Joe Biden. 1988

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