People v. Rosales CA4/1

INTRODUCTION

Cristian Alfonso Velasquez Rosales and Manuel Barbarin drove up to 14-year-old Lareanz Simmons as he was walking home. Barbarin got out of the car and fatally shot Simmons. Prosecutors charged Velasquez and Barbarin with first degree special circumstance murder and sought the death penalty. At the guilt phase of trial, a jury found Velasquez and Barbarin guilty of first degree murder (Pen. Code, § 187, subd. (a)); unlawful possession of a firearm (§ 29800(a)(1)); and active participation in a criminal street gang (§ 186.22(a)). As to the murder charge, the jury also found true special circumstance allegations that Velasquez and Barbarin intentionally killed Simmons because of his race, color, religion, nationality, or country of origin (§ 190.2(a)(16)) and committed the murder while active participants in a criminal street gang and to further gang activities (§ 190.2(a)(22)). In addition, the jury found true gang and firearm sentencing enhancement allegations. (§§ 186.22(b)(1)(C), 12055.53(d) & (e)(1).) At the penalty phase, the jury set the penalty for murder as to both Velasquez and Barbarin at life in prison without the possibility of parole. The trial court…