P. v.Barreno CA4/1

INTRODUCTION

Celso Barreno shot and killed a man in San Bernardino, California in 1992. More

than 18 years later, he was arrested at an El Paso, Texas border crossing while attempting

to reenter the United States from Mexico. A jury convicted Barreno of first degree murder (Pen. Code, § 187, subd. (a)1; count 1) and found true the special allegation he personally

used a shotgun to commit the offense (§§ 1203.06, subd. (a)(1)(A), 12022.5, subd. (a)). On

appeal, Barreno contends (1) there was insufficient evidence to support the first degree

murder conviction, (2) the trial court erred in failing to instruct the jury regarding voluntary

manslaughter as a lesser included offense of murder, (3) a court-imposed procedure for

impeaching witnesses violated his Sixth Amendment right to confront and cross-examine

witnesses, and (4) he was denied a fair trial by the pre-accusation delay. Finding no merit

in any of these contentions, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A

In 1992, Barreno stayed several days a week with his brother's girlfriend, Iris

Amador,2 to help with her son because Barreno's brother was incarcerated. Their

apartment was in…