People v. Barao
California Court of Appeal
218 Cal. App. 4th 769, 160 Cal. Rptr. 3d 506 (2013)
- Written by Arlyn Katen, JD
Facts
Rammel Barao (defendant) was charged with murder in the course of a robbery, two robbery counts, and firearms offenses. Before trial, Barao and the government (plaintiff) requested the court’s approval of a plea bargain: the prosecutor would reduce the charge from murder to voluntary manslaughter, Barao would admit to gun use and concede that he had a prior felony conviction and prison term, and Barao would be sentenced to 41 years of incarceration. The trial court refused to accept the proposed plea bargain, finding that California Penal Code § 1192.7 barred Barao from entering his plea to serious felony charges. A jury convicted Barao of second-degree murder and found that he possessed a firearm, but the jury acquitted Barao of the two robbery counts. The trial court sentenced Barao to 75 years to life in prison. Barao appealed.
Rule of Law
Issue
Holding and Reasoning (Nicholson, J.)
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