In re Brigham

STATEMENT OF THE CASE

As described in our opinion on petitioner’s appeal from his 1987 conviction (People v. Brigham (1989) 216 Cal.App.3d 1039, 1042 (Brigham)), petitioner was charged by information with the first degree murder of Hosea Barfield (Pen. Code, § 1871), with allegations that he personally used a firearm and inflicted great bodily injury on the victim, and that he had been convicted of a serious felony for which he received probation in New Mexico. (Pen. Code, §§ 12022.5; 667.) A jury convicted petitioner of first degree murder, but found that he did not personally use a firearm or

1 Further statutory references will be to the Penal Code.

1 inflict great bodily injury. Petitioner waived jury trial on the enhancement allegation of prior serious felony conviction, and the court found it true. Petitioner was sentenced to a prison term of 25 years to life on the murder conviction, with a consecutive five-year term for the prior. (Brigham, supra, 216 Cal.App.3d at p. 1042.) On appeal, a different panel of this court struck the five-year enhancement, affirmed the judgment (over the dissent of Presiding Justice Kline), and denied a contemporaneous petition for writ of…