People v. Campos CA5

Filed 8/19/24 P. v. Campos CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087573 Plaintiff and Respondent, (Super. Ct. No. PCF377412) v.

ANDREW CAMPOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Smith, J. and DeSantos, J.

INTRODUCTION In 2019, appellant and defendant Andrew Campos (appellant) was charged with first degree murder. In 2022, he pleaded no contest to voluntary manslaughter. In 2023, he filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The trial court denied the petition because he was charged and pleaded after the effective dates of the amendments to sections 188 and 189, and he could not have been tried and convicted based upon legal theories that were legally invalid. On appeal, appellate counsel filed a brief that summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to both People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and People v. Wende (1979) 25 Cal.3d 436. Appellant submitted a letter brief and raises several issues. We review the court’s ruling, address appellant’s contentions, and affirm the denial of his petition. PROCEDURAL BACKGROUND On June 26, 2019, an information was filed in the Superior Court of Tulare County charging appellant with count 1, murder of C.C. on or about and between March 5 and 6, 2019 (§ 187, subd. (a)), with the special allegation that he personally used a deadly and dangerous weapon, a belt, in the commission of the offense (§ 12022, subd. (b)(1)), and a prior prison term enhancement (§ 667.5, subd. (b)). On June 6, 2022, the trial court granted the prosecution’s motion to amend the information, and appellant entered into a negotiated disposition and pleaded no contest to an amended count 1, voluntary manslaughter (§ 192, subd. (a)); and newly-added felony charges of count 2, assault with a deadly weapon (§ 245, subd. (a)(1)); count 3, assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)); and count 4, false