People v. Campos
196 Cal. App. 4th 438
Cal. Ct. App.2011Background
- Campos was convicted by jury of three counts of attempted murder, three counts of assault with a semiautomatic firearm, and one count of discharging a firearm at an occupied vehicle, with various gang, firearm-use, and great bodily injury enhancements found true.
- The jury also found the offenses were for the benefit of a criminal street gang and that Campos personally discharged a firearm during the offenses, causing great bodily injury on some counts.
- Sentencing imposed an aggregate indeterminate term of 40 years to life for some counts, with additional determinate terms stayed for the assault counts, and various fines and credits were ordered.
- On appeal Campos challenged: (i) CALCRIM No. 357 adoptive admissions given his pretrial statement; (ii) sufficiency of evidence for the Rodriguez brothers’ attempted murders; (iii) a 1-year enhancement for a prior prison term; and (iv) errors in the abstract of judgment regarding indeterminate sentences and concurrent running.
- Before argument the court questioned potential unauthorized sentencing on one count and possible strikings of enhancements, prompting supplemental briefing; the court ultimately affirmed convictions but reversed certain sentencing errors and remanded for resentencing; the gang alternate penalty issue was reversed and remanded for resentencing.
- The trial court had imposed a 15-year minimum parole term under §186.22(b)(5) for several gang-related life offenses; the appellate court held the 7-years-to-life sentence for count 1 was unauthorized and the 15-year minimum parole term was mandatory for that count, remanding for proper resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CALCRIM No. 357 on adoptive admissions was proper | Campos contends the statement was invocation of right to silence, not an adoptive admission. | People maintain the instruction properly instructed adoptive admissions under the circumstances. | Adoptive admissions instruction was improper for this record. |
| Sufficiency of evidence for the Rodriguez brothers’ attempted murders | Campos argues the evidence does not support attempts on the Rodriguez brothers. | People contends the evidence, including statements and expert testimony, suffices. | Evidence supports the Rodriguez brothers’ attempted murders convictions. |
| Whether the 1-year enhancement for a prior prison term was proper | Campos urges the enhancement should be stricken or not applied. | People maintain the enhancement was properly imposed. | The enhancement was improper to impose; proceedings require correction. |
| Whether the abstract of judgment correctly reflects indeterminate sentences and concurrent runs | Campos challenges inconsistencies between the sentence pronounced and the abstract. | People contend the abstract accurately reflects the court’s intent. | Abstract of judgment requires correction to conform to sentencing. |
Key Cases Cited
- People v. Johnson, 109 Cal.App.4th 1230 (Cal. App. 2003) (gang-related life penalty mandatory minimum parole term interpretation)
- People v. Harper, 109 Cal.App.4th 520 (Cal. App. 2003) (gang-related life penalties and minimum terms)
- People v. Lopez, 34 Cal.4th 1002 (Cal. 2005) (alternate penalties for gang-related life crimes; 15-year minimum parole)
- People v. Jones, 47 Cal.4th 566 (Cal. 2009) (case on gang enhancements and alternate penalties)
- People v. Brookfield, 47 Cal.4th 583 (Cal. 2009) (broad construction of enhancements vs. penalty provisions; 12022.53 context)
- In re Romero, 13 Cal.4th 497 (Cal. 1996) (notwithstanding any other law; Three Strikes; sentencing authority)
- People v. Bonnetta, 46 Cal.4th 143 (Cal. 2009) (section 1385 discretionary dismissal in sentencing context)
- People v. Jefferson, 21 Cal.4th 86 (Cal. 1999) (enhancement vs. penalty provisions; statutory interpretation)
- People v. Varnell, 30 Cal.4th 1114 (Cal. 2003) (section 1385 authority to strike sentencing allegations)