People v. Barker CA2/1

BACKGROUND

An information filed January 4, 2011 alleged that on March 4, 2010, Barker murdered two-year-old Viola V. in violation of Penal Code1 section 187, subdivision (a) (count 1); between March 3, 2010 and March 4, 2010, Barker assaulted a child (Viola),2 causing death, in violation of section 273ab (count 2); and between March 3, 2010 and March 4, 2010, Barker committed child abuse likely to produce great bodily harm and death against Viola, in violation of section 273a, subdivision (a). As to the murder count (count 1), the information alleged that Barker personally inflicted great bodily injury against Viola. (§ 12022.7, subd. (a).) As to the child abuse count, the information alleged that under circumstances likely to produce great bodily harm or death, Barker willfully inflicted unjustifiable pain or injury on Viola, resulting in death. (§ 12022.95.) As to all three counts, the information alleged that Barker personally used a deadly weapon, a belt. (§ 12022, subd. (b)(1).) The information also charged codefendant James DeWitt Julian with being an accessory after the fact in violation of section 32 (count 4), and alleged that Julian had two prior convictions of a…