People v. Campos CA4/3

Filed 1/7/15 P. v. Campos CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049543

v. (Super. Ct. No. 11CF0448)

SALVADOR GONZALEZ CAMPOS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judge. Affirmed. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and Brendon W. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Salvador Campos appeals from a true finding on an enhancement for discharge of a firearm. Specifically, he contends his lawyer should have asked for a jury instruction on accident and that his failure to do so deprived Campos of his right to effective assistance of counsel. Campos also contends the trial court should have instructed the jury sua sponte that personal use of a firearm is a lesser included enhancement of intentional discharge of a firearm. Campos acknowledges that the California Supreme Court has held otherwise in People v. Majors (1998) 18 Cal.4th 385, 410-411 and that we are required to follow Supreme Court precedent. He raises this issue solely to preserve it. Accordingly, we will not address this aspect of his appeal further other than to express here our rejection of it pursuant to Majors.

1 FACTS Adolfo Acosta was the proprietor of a Santa Ana store selling audio equipment for homes and cars. One day, Campos and a male companion were waiting for him when he opened his door at his customary 10:00 a.m. One of the men told Acosta that he wanted to buy a sound system for his truck. Acosta told the men to drive the truck around to the back of the store, where he could help them. Acosta went to the back of the store, instructed the two men how to park the truck, and went to open a shed he used for repairs. While Acosta’s back was turned, Campos hit him on the head with a gun. When Acosta turned around, Campos pointed the gun at his face and demanded Acosta’s keys. Acosta refused. Campos threatened to kill Acosta, whereupon Acosta pushed Campos’ gun hand. A shot was fired, which went into the air. Acosta then gave