People v. Campos CA2/1

Filed 4/27/21 P. v. Campos CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B306206

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA099394) v.

DAVID CAMPOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham, Judge. Appeal dismissed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

In 2015, a jury found 21-year-old David Campos guilty of 1 assault with a deadly weapon on his 23-year-old brother, Roque 2 (Pen. Code, § 245, subd. (a)(1); count 1), assault with a deadly weapon on Roque’s girlfriend, Lizbeth Gonzalez (count 2), battery on Roque (§ 243, subd. (d); count 3), attempted murder of Roque (§§ 187, subd. (a), 664; count 4), and attempted murder of Gonzalez (count 5). As to all counts, the jury found true the allegation that Campos inflicted great bodily injury on the victims. (§ 12022.7, subd. (a).) As to counts 3-5, the jury found true the allegation that Campos used a deadly and dangerous weapon (a knife) in the commission of the offense. (§ 12022, subd. (b)(1).) Finally, the jury found true the allegation that Campos committed the attempted murder of Gonzalez willfully, deliberately and with premeditation. The evidence presented at trial established that in 2012, in an unprovoked attack, Campos stabbed Roque and Gonzalez at the family home where Campos, 3 Roque, their parents, and another sibling lived. Campos presented an insanity defense. He waived his right to jury trial in the sanity phase of the trial. The only evidence presented were written reports prepared by two