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Date: 11-15-2024
Case Style:
The People of the State of California v. Juan Manuel Barrera
Case Number: SCD248065
Judge: Lisa R. Rodriguez
Court: Superior Court, San Diego County, California
Plaintiff's Attorney: San Diego County, California District Attorney's Office
Defendant's Attorney:
Description:
San Diego, California criminal defense lawyer represented the Defendant charged with attempted murder and assault with a deadly weapon.
Juan Manuel Barrera was sentenced to 24 years in prison for attempted murder and assault with a deadly weapon. Then, after a change in sentencing laws, the trial court resentenced Barrera to 23 years total. When doing so, the court declined to dismiss Barrera's prior strike, finding it within the spirit of the Three Strikes Law "in light of the nature of the present felonies and the prior violent felony convictions, [and] the particulars of Mr. Barrera's background, character, and prospects." On appeal, Barrera claims the court's "process" in considering the prior strike under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 was "flawed" based on a purported failure to "recognize the importance of" Barrera's youthfulness at the time of his prior strike offense, mental illness, and childhood trauma. In support, he cites where these factors appear in other sentencing laws wholly separate from Romero rulings. Barrera, however, did not raise this process issue during sentencing, and thus he forfeited it. Regardless, he does not provide any authority that requires the trial court to consider these other sentencing factors in determining whether to dismiss his prior strike.
People v. Barrera, D083233 (Cal. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: