People v. Campbell CA2/7

Filed 2/28/22 P. v. Campbell CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B315192

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A328464-01) v.

KENNETH L. CAMPBELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David Fields, Judge. Affirmed. Kenneth L. Campbell, in pro. per.; and Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ________________________

Kenneth L. Campbell appeals from a postjudgment order denying his motion to vacate his 1977 conviction for first degree robbery pursuant to Penal Code section 1473.7, subdivision (a)(2). No arguable issues were identified by Campbell’s appointed appellate counsel after his review of the record. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Campbell in a supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Campbell was convicted in 1977 following a jury trial of first degree robbery (Pen. Code, § 211). The jury found Campbell was sane at the time of the offense. On June 4, 2021 Campbell, representing himself, filed a motion to vacate his robbery conviction pursuant to Penal Code section 1473.7, subdivision (a)(2), based on newly discovered evidence of actual innocence.1 In his motion papers Campbell contended he lacked the requisite intent to commit the crime and the incident had been “an Academy Award Winning Performance.” The superior court summarily denied the motion. After stating that Campbell had been convicted of both first degree robbery and assault with a deadly weapon, the court ruled, “Defendant Campbell’s intent and sanity were determined by the jury in 1977, and the Court of Appeal upheld defendant Campbell’s convictions. In the instant motion Defendant