People v. Barrera CA4/2

I. FACTS

Eugene C. and Barrera were acquaintances who used methamphetamine together.

In 2002, Eugene was working in an apartment alone when Barrera entered singing a

threatening song. For unknown reasons Eugene said, “What are you waiting for? Get on

with it,” then stood up. Barrera grabbed Eugene’s arm, pulled a gun from his waistband,

and shot Eugene in the head. Barrera shot Eugene twice more while he was on the

ground. Eugene was able to flee to another apartment and get help, surviving the attack.

The Riverside County District Attorney charged Barrera with premeditated

attempted murder and unlawfully possessing a firearm as a felon. (Pen. Code, §§ 664,

2 subd. (a), 187, subd. (a), 12021, subd. (a)(1), unlabeled statutory citations refer to this

code.) The information also alleged enhancements for personally firing a firearm causing

great bodily injury (§ 12022.53, subd. (d)) and for personally causing great bodily injury.

(§ 12022.7, subd. (a).) Finally, the information alleged Barrera had two prior serious

felony convictions (§ 667, subd. (a)) and four prior strike convictions based on

convictions for residential burglary dating from 1987. (§§ 667, subds. (c) &…