People v. Campaz CA3

Filed 2/18/22 P. v. Campaz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C093174

Plaintiff and Respondent, (Super. Ct. No. 04F07255)

v.

CARLOS TOMAS CAMPAZ, JR.,

Defendant and Appellant.

In 2007, a jury found defendant Carlos Tomas Campaz, Jr., guilty of first degree murder. It found not true the allegations defendant intentionally killed the victim while lying in wait and personally used a deadly weapon. The trial court sentenced defendant to 25 years to life and we affirmed his conviction. In 2020, department 241 of the trial court granted defendant’s habeas corpus petition and defendant’s conviction was reduced to second degree murder. Meanwhile, defendant filed a petition for resentencing in

1 Because this case involves rulings from two different departments of the same trial court, we reference department numbers for clarity.

1

department 23 of the same court pursuant to Penal Code section 1170.95. 2 Defendant appeals the denial of this petition arguing that department 23 used the wrong standard to determine he was not eligible for relief. The People concede the error. We will reverse and remand. FACTUAL AND PROCEDURAL BACKGROUND I. Statement of Facts We take the facts from our prior opinion. (People v. Campaz (Apr. 27, 2010, C056880) [nonpub. opn.] (Campaz).) Defendant and his codefendants (John Douglas White & Roberto Moreno Montoya) were charged with murder. Park maintenance workers found the victim’s body in a park restroom. The victim died of multiple stab wounds. Defendant admitted his participation in the murder to M.C. M.C. testified defendant told her White planned to beat the victim badly for raping his sister. Defendant went to back up White and stop anyone from interfering. While defendant and White waited in the park, Montoya brought the victim under the pretext of a drug buy. After they went into the park bathroom, White started screaming and stabbed the victim. Defendant claimed he had no idea White had a knife. The victim tried to run out of the bathroom but in a panic, defendant pushed the victim back inside. The victim fell and White continued the attack. White testified at trial. He denied any animosity towards the victim and denied the victim raped his sister. White testified Montoya, defendant, and the victim went into the bathroom to smoke methamphetamine while White stayed outside to smoke marijuana. Defendant came out and said, “Let’s get the fuck out of here” and Montoya