People v. Campbell CA2/2

Filed 8/21/24 P. v. Campbell CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B329622

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA013988) v.

MAURICE CORNELL CAMPBELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Vacated and remanded. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Christopher G. Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Maurice Cornell Campbell (defendant) appeals the order denying recall of his sentence and resentencing after the Department of Corrections and Rehabilitation (CDCR) identified him as a person serving an invalid sentence pursuant to Penal Code section 1172.75.1 Defendant contends the trial court was required to recall his sentence and conduct full resentencing under current law. We agree. We therefore vacate the denial order and remand for recall and resentencing under current law in accordance with section 1172.75.

BACKGROUND In 1993, defendant was convicted of two counts of attempted murder (§§ 664/187, subd. (a)) (counts 1 and 2), and two counts of assault on a peace officer with a semiautomatic rifle (§ 245, subd. (d)(2)) (counts 3 and 4). As to counts 1 and 2, the jury found true two firearm enhancements (§ 12022.5, former subd. (b)(2)), as well as the allegation that the attempted murders were willful, deliberate and premeditated. Defendant admitted three prior convictions pursuant to section 667.5, former subdivision (b). Defendant was sentenced to life with the possibility of parole on count 1, plus five years for the firearm enhancement, and a concurrent term of life with the possibility of parole on count 2, plus five years for the firearm enhancement. The court stayed the remaining counts and the three prior prison term enhancements. The judgment was affirmed in People v Campbell (Apr. 3, 1995, B081976) (nonpub opn.).