People v. Campos CA2/3

California Court of Appeal Jan 21, 2021 No. B303422Unpublished

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Holding. The court affirmed the denial of the defendant's motion to modify his sentence, finding that his judgment was final before the effective date of sentencing amendments and that his sentence was legally authorized.

Issues

Whether the trial court erred in denying a motion to modify a sentence that was already final.
Whether the defendant was entitled to retroactive application of sentencing discretion under Senate Bill No. 620.
Whether the imposition of consecutive firearm and gang enhancements was legally authorized.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In this matter judgment is already final and thus sentence cannot be modified.”

“A defendant who personally uses or discharges a firearm in the commission of a gang-related offense is subject to both the increased punishment provided for in section 186.22 and the increased punishment provided for in section 12022.53.”

“As the trial court noted, Campos’s case was final before January 1, 2018.”

Filed 1/21/21 P. v. Campos CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B303422

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA134943 v.

JOEL CAMPOS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed.

Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

BACKGROUND In 2015 a jury convicted defendant and appellant Joel Campos of second degree robbery. The jury found true allegations that Campos personally used a firearm in the commission of the offense (Pen. Code, § 12022.53, subd. (b))1 and that he committed the crime for the benefit of or at the direction of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced Campos to 23 years in the state prison, consisting of the midterm of three years for the robbery plus ten years each for the gun and gang enhancements. In May 2017, we affirmed Campos’s judgment of conviction. (People v. Campos (May 25, 2017, B264148) [nonpub. opn.] (Campos I).) On September 30, 2019, Campos filed in the trial court a pleading entitled “Motion for Modification of Sentence Pursuant to PC § 1170.1(F), § 12022.5(a), § 12022.53, and § 1385.” The motion bordered on the unintelligible. Campos contended the trial court impermissibly imposed consecutive 10-year terms for the firearm and gang enhancements, in violation of section 1170.1, subdivision (f) and People v. Le (2015) 61 Cal.4th 416 (Le). He cited Senate Bill No. 620 and the amendments that legislation made to sections 12022.5 and 12022.53. Campos then discussed trial courts’ authority to strike prior strikes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497.2 He also sought to reargue the facts of his case.3

People v. Campos CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B303422

JOEL CAMPOS,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EGERTON, J.

EDMON, P. J.

LAVIN, J.

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