People v. Barfield CA2/7

Filed 5/12/14 P. v. Barfield CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B250217

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA398909) v.

BORIS R. BARFIELD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Anne H. Egerton, Judge. Affirmed. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

______________________

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 2:15 a.m. on June 16, 2012, a student at the University of Southern California observed defendant Boris R. Barfield sodomizing Joseph M. in a parking lot outside Joseph’s apartment near the campus. At the time, Joseph was unconscious from alcohol intoxication, having consumed drinks with fellow classmates before walking home alone and encountering Barfield. The student who witnessed the crime saw “two men, one was on the floor, face down, and the other was on top, kind of, and it looked like he was humping the body on the floor.” The witness further observed that the man on the ground was “not moving at all” and “seemed pretty unresponsive.” Joseph had no memory of the incident. The People charged Barfield in an amended information with sodomy of an unconscious person (Pen. Code, § 286, subd. (f); count 1),1 sodomy of an intoxicated person (§ 286, subd. (i); count 2), and assault with intent to commit sodomy (§ 220, subd. (a)(1); counts 3 and 4). The information specially alleged as to all counts that Barfield had suffered seven prior serious or violent felony convictions within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served two separate prison terms for felonies (§ 667.5, subd. (b)). Barfield pleaded not guilty to the charges and denied the special allegations. The trial court granted the People’s motion to dismiss count 4, assault with intent to commit sodomy, in furtherance of justice (§ 1385). The court also granted Barfield’s motion for a bifurcated jury trial on the prior conviction allegations. A jury convicted Barfield on count 2, sodomy of an intoxicated person, and count 3, assault with intent to commit sodomy. The jury was unable to reach a verdict on count 1, sodomy of an unconscious person. The court declared a mistrial as to that count and granted the People’s motion to dismiss it.