P. v. Barajas
Defendant was charged with the first degree murders of Sue and Jim Moller (Pen. Code, 187, subd. (a); counts 1 & 2), with special circumstances of multiple murder ( 190.2, subd. (a)(3)), murder in the commission of a burglary (id., subd. (a)(17)(G)), murder in the commission of a robbery (id., subd. (a)(17)(A)), and murder of a witness (id., subd. (a)(10)). Defendant was also charged with one count of first degree residential burglary ( 459; count 3) and two counts of first degree robbery ( 211, counts 4 & 5). In each count, it was alleged that a principal was armed with a firearm. ( 12022, subd. (a).)
The robbery charges and robbery special circumstance allegation were dismissed following the close of the Peoples case based on insufficient evidence. ( 1118.1.) A jury found defendant guilty as charged of the first degree murders and burglary in counts 1, 2, and 3, respectively, and found the multiple-murder special circumstance, burglary murder special circumstance, and armed allegations true.[2] The murder of a witness allegations were found not true. Defendant was sentenced to life without parole (LWOP) plus one year,[3]and appeals.
Defendant was prosecuted as an aider and abettor to each of the charged crimes. The evidence showed that on the evening of Friday, September 20, 2002, defendants cousin, Ernestina Bernal, shot and killed the Mollers in their home, then stole a Sues purse, Jims wallet, and travelers checks from the home. Defendant testified he accompanied Bernal to the scene of the crimes, but he maintained he had no knowledge that Bernal intended to commit murder, robbery, or burglary, and no intention of aiding, facilitating, or encouraging the commission of the crimes. The principal issue at trial was whether defendant aided and abetted the charged crimes.
The burglary felony murder and burglary special circumstance findings are hereby stricken. The judgment is amended to strike the parole revocation fine.
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