People v. Lamphere CA4/1

Filed 1/4/21 P. v. Lamphere CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077880

Plaintiff and Respondent,

v. (Super. Ct. No. CRN26309)

AARON THOMAS LAMPHERE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Runston G. Maino, Judge. Affirmed. Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1994, Aaron Lamphere was convicted of second degree murder (Pen.

Code,1 § 187, subd. (a)), inflicting corporal injury to a child with a great bodily injury enhancement (§§ 273d and 12022.7), and child abuse (§ 273a, subd. (1)). Lamphere was sentenced to a term of 22 years to life in prison.

1 All further statutory references are to the Penal Code.

Lamphere appealed his conviction and in 1995 the court upheld the convictions in an unpublished opinion in People v. Lamphere (July 28, 1995, D021518). In 2020, Lamphere filed a petition under section 1170.95 seeking resentencing of his murder conviction. The court appointed counsel and received briefing from the parties. Following briefing, the court denied the petition by written order holding Lamphere had not presented a prima facie case of eligibility for relief under section 1170.95. Lamphere filed a timely notice of appeal. STATEMENT OF FACTS Appellate counsel has set forth a statement of facts of the underlying trial, taken from our prior opinion. We will adopt that summary as a statement of facts for this opinion. Lamphere lived in a two-bedroom apartment with R.C., two of her sons, 18-month-old Joseph and four-year-old William, and another roommate. Lamphere had met R.C. in October 1992, moved in with her, and they later became engaged. Lamphere, a young marine, worked during the day and provided child care for R.C.’s children while she was working in the evenings and on weekends. On May 31, 1993, R.C. got out of bed around 2:00 p.m. and left the apartment about a half hour later. Upon leaving, she saw William in the living room playing a video game and Joseph sitting on the couch. When she returned at about 3:30 p.m., William was still playing in the living room; Lamphere said Joseph was taking a nap. In the bedroom she saw part of Joseph’s legs and bottom under a blanket. A short time later, R.C. and