People v. Campos CA2/7

Filed 3/23/21 P. v. Campos CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B308581

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA316087-09) v.

PASQUAL CAMPOS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Larry P. Fidler, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Pasqual Campos appeals from a postjudgment order denying his motion for resentencing pursuant to Penal Code section 1170.95.1 No arguable issues have been identified following review of the record by Campos’s appointed appellate counsel or by Campos in his supplemental letter brief to this court. We also have identified no arguable issues after our own independent review of the record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A jury in 2014 convicted Campos of two counts of conspiracy to commit murder (§§ 182, subd. (a), 187) with a gang enhancement (§ 186.22, subd. (b)), one count of conspiracy to commit assault with a semiautomatic firearm (§§ 182, subd. (a), 245, subd. (b)) with a gang enhancement, and four counts of street terrorism (§ 186.22, subd. (a)). The trial court sentenced Campos to concurrent indeterminate state prison terms of 25 years to life on the two counts of conspiracy to commit murder and stayed the gang enhancements and sentences on all other counts. On July 1, 2019 Campos, representing himself, filed a petition for resentencing under section 1170.95 checking most of the boxes on a preprinted form. The court appointed counsel to represent Campos. The district attorney’s office filed an opposition memorandum, arguing Campos was not eligible for resentencing under section 1170.95 because, notwithstanding the check marked allegations in the petition, he had not been convicted of first or second degree murder, a threshold requirement for relief under the statute. Counsel for Campos filed two responding memoranda, citing general principles