People v. Barkacs CA4/1

Filed 7/22/22 P. v. Barkacs CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080095

Plaintiff and Respondent,

v. (Super. Ct. No. SCE234361)

JAMES ROBERT BARKACS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniel G. Lamborn, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

This is an appeal from the denial of Barkacs’s second petition for

resentencing under Penal Code section 1172.6.1 In both cases, the record showed Barkacs was the sole perpetrator of the offense and was the actual killer. Thus, he failed to establish a prima facie case for relief under the statute. PROCEDURAL BACKGROUND

In 2005, a jury convicted Barkacs of first degree murder (Pen. Code,2 §§ 187, subd. (a)), carjacking (§ 215, subd. (a)), and arson (§ 451, subd. (d)). The jury also found true the special circumstance of murder during the commission of carjacking (§ 190.2, subd.(a)(17)). Barkacs was sentenced to life without parole, plus three years in prison. Barkacs appealed and this court affirmed in an unpublished opinion. (People v. Barkacs (Nov. 30, 2006, D046201).) In January 2019, Barkacs filed his first petition for resentencing under section 1172.6. The petition was denied for failure to state a prima facie case for relief. Barkacs appealed and this court affirmed the denial in an unpublished opinion. (People v. Barkacs (Apr. 9, 2021, D078073).) In January 2022, Barkacs filed the current, second, petition for resentencing. The trial court, again, denied the petition for failure to state a prima facie case and because it was a second petition for the same relief for the same sentence.