People v. Campos CA2/5

Filed 5/21/15 P. v. Campos CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B256158

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA130738) v.

VICTOR ADALBERTO CAMPOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Brian F. Gasdia, Judge. Affirmed. Eileen M. Rice, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Victor Adalberto Campos was convicted, following a jury trial, of one count of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). The trial court sentenced appellant the mid-term of three years. Appellant was awarded 646 days of presentence custody credit. Appellant appeals from the judgment of conviction. Finding no error, we affirm.

Facts At about 3:30 a.m. on June 19, 2014, Joseph Gonzalez was awoken by his dog’s barking and the voice of his mother, telling him she heard something outside. Gonzalez went outside to investigate and saw a person running away. Gonzalez noticed that both mirrors on his car had been cleanly broken off and were lying on the ground next to the car. Gonzalez also saw a flashlight on the ground. He recognized it as belonging to appellant, who used to live next door to Gonzalez. Gonzalez got into his car and began to make a u-turn to chase the intruder. Appellant came out of some bushes to the side of Gonzalez and hit the car with a machete. Gonzalez tried to maneuver the car, but ended up stuck back where he had started. Gonzalez did not have a cell phone to call police, so he got out of the car. Appellant was standing there with the machete raised. Gonzalez grabbed appellant’s hand and moved appellant’s arm down, but the machete hit Gonzalez in the forehead and hand in the process. Gonzalez and appellant began to fight. Appellant said he was going to kill Gonzalez’s parents. Gonzalez was able to hit appellant in the face and ribs, and to prevent appellant from hitting him with the machete. Appellant started screaming, “Help me, he’s trying to kill me.” Several people came out of their houses, and saw appellant on top of Gonzalez, with the machete at his throat. Gonzalez then briefly got control of appellant, but appellant was able to get away. However, appellant was stopped by his son Jovanny Campos. Police arrived, and found the machete on the ground.