People v. Campos CA2/6

Filed 6/26/23 P. v. Campos CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. Nos. B325042, B325045, B325057 Plaintiff and Respondent, (Super. Ct. Nos. 2021026955, 2022001697, 2019033436) v. (Ventura County)

HENRY EZEQUIAL CAMPOS,

Defendant and Appellant.

Henry Ezequial Campos1 appeals from the judgment after his guilty pleas in three cases. In case 2019033436 (B325057), Campos stabbed the victim with a screwdriver when he refused Campos entrance to the victim’s residence to charge a cell phone. Campos pleaded guilty

1 Defendant’s name is spelled Henry Eziquiel Campos in some parts of the record.

to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),2 admitted he was ineligible for probation because he was on parole for a serious or violent felony (§ 1203.085, subd. (a)), and admitted a five-year sentence enhancement for a prior serious felony conviction (§ 667, subd. (a)(1)). In case 2021026955 (B325042), Campos took a customer’s vehicle from an auto body shop and drove it on the freeway and into a ditch. In a separate incident, he took a pickup truck a city maintenance worker had parked at a work site. Campos pleaded guilty to two counts of unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) and admitted he committed the crimes while on bail for earlier cases (§ 12022.1, subd. (b)). In case 2022001697 (B325045), police contacted Campos and found a fixed blade knife approximately eight inches long in his pocket. He pleaded guilty to carrying a concealed dirk or dagger (§ 21310) and admitted on-bail allegations (§ 12022.1, subd. (b)). In each case, Campos admitted he suffered a prior strike (§§ 667, subds. (c)(1) & (e)(1), 1170.12, subds. (a)(1) & (c)(1)) and admitted an executed sentence must be served in prison (§ 1170, subd. (h)(3)). Additional counts were dismissed in each case with the agreement they could be considered at sentencing. (People v. Harvey (1979) 25 Cal.3d 754, 758; § 1192.3, subd. (b) [restitution for dismissed counts pursuant to Harvey waiver].) The trial court sentenced Campos to state prison for the mid-term of three years for the assault, doubled to six years based on the prior strike. The court imposed consecutive