People v. Barraza CA5

INTRODUCTION

While driving from Arvin to Bakersfield with Merlin Noe Rodriguez Valle (Valle) in Valle’s car, Jose Luis Barraza (appellant) fatally stabbed Valle and later sold the car for $500. A jury convicted appellant of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a); count 1)1 with an enhancement for the use of a deadly weapon (§ 12022, subd. (b)), and second degree robbery (§§ 211, 212.5, subd. (c); count 2) with enhancements for the use of a deadly weapon and personal infliction of great bodily injury (§ 12022.7, subd. (a)). In a bifurcated proceeding, the trial court found appellant suffered a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and a prior serious felony conviction (§ 667, subd. (a)). The court sentenced appellant to 50 years to life plus six years in state prison. Before trial, the trial court granted the People’s motion to admit, under Evidence Code section 1101, subdivision (b), evidence of appellant’s prior carjacking conviction, in which he stabbed, but did not kill, the victim and took his car. The court admitted the evidence for the limited purposes of showing intent, motive, and the existence of a common…