People v. Barra CA1/3

Filed 10/11/24 P. v. Barra CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A168093 v. JOSIAH CHESTON BARRA, (Napa County Super. Ct. No. CR26237) Defendant and Appellant.

MEMORANDUM OPINION1 A jury found Josiah Cheston Barra (Barra) guilty of the attempted willful, deliberate, and premeditated murders of Richard Lafferty, Sr., and Darryl Ross (Pen. Code, §§ 187, 6642; counts one and two), and second degree robbery of Ross (§ 211; count three). As to all counts, the jury found true allegations that Barra personally used a knife and personally inflicted great bodily injury (§§ 12022, subd. (b), 12022.7, subd. (a)).

1 We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1. 2 All further undesignated statutory references are to the Penal Code.

1

Barra was tried jointly with co-defendant Johnny Barra,3 who was convicted of the attempted willful, deliberate, and premeditated murder of Lafferty, Sr. (count one), second degree robbery of Ross (count three), and assault with a deadly weapon of Richard Lafferty, Jr. (count four). The jury found true allegations as to count one that Johnny personally used a knife and personally inflicted great bodily injury (§§ 12022, subd. (b), 12022.7, subd. (a)). As to count three, the jury found true a knife use allegation, and as to count four, the jury found true a great bodily injury allegation.4 In 1996, the trial court sentenced Barra to life with the possibility of parole for the attempted murder convictions, plus a determinate term of 14 years for the remaining robbery conviction and enhancements. In January 2022, Barra filed a form petition for resentencing pursuant to former section 1170.95. His petition checked boxes indicating that: (1) a charging document was filed against him allowing the prosecution to proceed under a theory of attempted murder under the natural and probable consequences doctrine; (2) he was convicted of attempted murder following trial; and (3) he could not now be convicted of attempted murder because of changes made to sections 188 and 189 effective January 1, 2019. Johnny filed a similar petition. In June 2023, the resentencing court jointly considered and denied both petitions without issuing an order show cause, finding Barra and Johnny failed to state a prima facie case for relief. As recounted in our prior opinion: