Berberena

John Bautista Berberena was charged with first degree murder,

burglary, robbery and arson. It was further alleged that Berberena had personally inflicted great bodily injury upon his victim. A jury found him guilty of all but the arson charge, additionally finding that he was not guilty of personally inflicting great bodily injury. Berberena was thereupon sentenced to a term of twenty-five years to life on the first degree murder conviction, a concurrent term of six years on the robbery conviction and a one-year enhancement for having served a prior prison term. Sentence was stayed on the burglary conviction.

Statement of Facts

The victim, Julio Gomez, was a drug dealer whose apartment appears to have been a gathering place for drug users. In July 1985, Elizabeth J. apparently stole a gram of cocaine and some money from Berberena. Several days later Berberena met Elizabeth at Gomez’s apartment. Later, accompanied by Calvin Barrozo and his brother, Berberena drove her to a park where he allegedly raped and robbed her. After she reported this attack to the police, they drove her to Gomez’s apartment. Gomez described Berberena to the police and directed them to…