People v. Barnes CA4/2

I.

INTRODUCTION

Defendant and appellant Roman Earl Barnes appeals the trial court’s order

denying his Penal Code1 section 1172.6 (formerly section 1170.95) petition to recall his

first degree murder (§ 187, subd. (a)) conviction and for resentencing following an

evidentiary hearing. In connection with the petition, defendant argued his statements to

law enforcement should be excluded under current law. The court admitted defendant’s

statements and found defendant was the actual killer in the underlying offenses.

Accordingly, the court denied the petition. On appeal, defendant contends the trial court

erred in denying his petition because the court erred in finding defendant did not invoke

his right to counsel in violation of his Sixth Amendment right. We affirm the order.

1 Unless otherwise specified, all future statutory references are to the Penal Code.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

A. Factual Background

On January 5, 1999, Mrs. Dresser was 85 years old. She lived alone in a house in

Rialto, her home since 1944. In December, the month before, her house had been

burglarized so she had installed a burglar alarm and bought a small watch dog.

On the…