People v. Campbell CA2/6

Filed 12/11/24 P. v. Campbell CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B334456 (Super. Ct. No. TA058243) Plaintiff and Respondent, (Los Angeles County)

v.

SIDNEY CAMPBELL,

Defendant and Appellant.

Sidney Campbell appeals from the trial court’s summary denial of his petition for resentencing on his 2003 second degree murder conviction. (Pen. Code, § 1172.6.)1 He contends the trial court erred in denying his petition for resentencing at the prima facie stage. Because the record of conviction conclusively establishes that appellant was convicted of malice murder, he is ineligible for relief as a matter of law. We affirm.

1 All further statutory references are to the Penal Code.

Facts2 In 1999, appellant and his brother, Christopher Campbell, shot and killed 15-year-old Kenneth Colter. Earlier that day, Colter and another boy, 15-year-old Damien Culpepper, were “horse playing” and bent the bicycle tire rim of nine-year-old “Little Chris” Campbell. Little Chris went home and told his father, Christopher, what had happened. Christopher, along with his brother Clinton, angrily confronted Colter and Culpepper. After Christopher and Clinton left, Colter and Culpepper went to Culpepper’s garage to get a replacement rim. Sometime later, Christopher returned, this time with appellant. A witness, Gerrina Hawes, saw Christopher and Colter arguing and went to get Colter. Appellant, who was standing in the area and appeared to be angry, told Hawes to mind her own business and leave. Hawes saw Colter backing away from Christopher. She saw appellant take out a gun, motion for Colter to come to him, and start shooting. Culpepper, who was inside his house at the time, looked out his bedroom window and saw that appellant, Christopher, and Colter all had guns and were shooting them. Colter ran away from the scene but was shot in the neck and arm. He died from the gunshot wound to his neck. In 2003, appellant was convicted by jury of second degree murder (§ 187, subd. (a)). The jury found true the special allegations that appellant personally used and discharged a firearm in the commission of the offense (§ 12022.53, subds. (b), (c)). The jury found not true the allegation that appellant