People v. Barragan CA2/2

Filed 3/9/23 P. v. Barragan CA2/2 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B308259

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA068035) v.

JOSE BARRAGAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Reversed and remanded.

No appearance for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Daniel Change and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

We affirmed the denial of defendant and appellant Jose Barragan’s (defendant) petition for resentencing pursuant to Penal Code former section 1170.95 in People v. Barragan (Apr. 27, 2022, B308259) (nonpub. opn.).1 By order dated December 21, 2022, the California Supreme Court returned this case to this court with directions to vacate our previous decision and to reconsider the cause in light of People v. Strong (2022) 13 Cal.5th 698 (Strong).

BACKGROUND Defendant was convicted in 1994 of murder and robbery.2 As to the murder, the jury found true the special circumstance that the murder was committed during the course of a robbery. (§ 190.2, subd. (a)(17)(A).) The jury also found true the allegation pursuant to section 12022, subdivision (a)(l) that a principal was armed with a firearm during the commission of the crime. Following the 1994 conviction of murder, attempted murder and other felonies, and the felony murder special circumstance, defendant was sentenced to prison for life without the possibility of parole and other consecutive terms. We affirmed the judgment in People v. Barragan (Apr. 4, 1996, B086562) (nonpub. opn.).