P. v. Barientos
Appellant, Juan V. Barrientos, was held to answer at a preliminary hearing on November 21, 2002, to a one-count information alleging that on October 14, 2001, appellant violated Penal Code[1]section 187, subdivision (a) by murdering Freddie Vellanoweth with malice aforethought.[2] It was also alleged that appellant personally and intentionally discharged a firearm which proximately caused great bodily injury (Pen. Code 12022.53, subd. (d)); that appellant personally and intentionally discharged a firearm (Pen. Code 12022.53, subd. (c)); and that appellant personally used a firearm (Pen. Code 12022.53, subd. (b)). A defense Marsden motion was made and denied on January 23, 2003. (People v. Marsden (1970) 2 Cal.3d 118.) A subsequent Marsden motion was made and denied on March 13, 2003. The trial began and a jury was selected on March 17, 2003. On March 26, 2003, the jury announced they were unable to reach a unanimous verdict and the trial judge declared a mistrial. FRA timely notice of appeal was filed on March 17, 2006.
The great bodily injury enhancement imposed per section 12022.7, subdivision (a) is stricken. The case remanded to the trial court for resentencing and further proceedings consistent with this opinion.
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