People v. Barbarin CA4/2

I. INTRODUCTION

This is the second appeal in this case by defendant Ricardo Estrada Barbarin. In

the first appeal, we affirmed defendant’s convictions for the special circumstance murder

of 13-year-old Anthony Sweat (Sweat) (count 1) and the premeditated attempted murders

of four others, Christopher S. (Christopher), Elliot Woods (Elliot), Taren Anderson

(Taren), and Tywan Woods (Tywan) (counts 2, 3, 4 & 5). (People v. Barbarin (Feb. 7,

2014, E055565 [nonpub. opn.] (Barbarin I).) The crimes occurred during a July 14,

2002, gang-related shooting in Riverside.

Defendant was originally sentenced to life without the possibility of parole for the

murder, plus 120 years to life for the four attempted murders, comprised of consecutive

terms of 30 years to life on each attempted murder count, plus 106 years. In the first

appeal, we remanded the matter for resentencing because the record affirmatively showed

the court mistakenly believed it did not have discretion to impose concurrent terms on

any of the attempted murder convictions. (§ 667, subd. (c)(6), (7); People v. Hendrix

(1997) 16 Cal.4th 508, 512-513 [consecutive terms are not mandatory on multiple current

felony…