People v. Campos CA4/1

Filed 5/30/24 P. v. Campos CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083714

Plaintiff and Respondent,

v. (Super. Ct. No. FSB20001025)

ALBERTO CAMPOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, J. David Mazurek and Ronald M. Christianson, Judges. Affirmed.

David W. Beaudreau, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Kristen Kinnaird Chenelia, Deputy Attorneys General for Plaintiff and Respondent. While in his vehicle one evening, appellant Alberto Campos saw Patrice Kimes and Bruce Tardy walking on the street. Campos asked Kimes and Tardy if they wanted a ride. Campos previously dated, remained friends

with, and still loved Tardy’s girlfriend, Kimes. As Kimes moved to enter the vehicle, Tardy told her he would beat her if she got in. She did not get in the car. Tardy challenged Campos to a fight, and Campos accepted, stating he would park first. As Tardy walked toward Campos’s parked vehicle, Campos remained inside it, shooting Tardy with a rifle from approximately 60 feet away. After trial for Tardy’s killing, a jury convicted Campos of first degree murder and shooting from a motor vehicle. On appeal, Campos contends the trial court erred by declining to give a jury instruction for voluntary manslaughter based on heat of passion. We conclude no substantial evidence existed permitting a reasonable jury to conclude Campos shot Tardy in the heat of passion. Therefore, the trial court properly refused to give the instruction, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND Kimes dated Tardy on and off for about two years, but while Tardy was in jail, Kimes dated Campos. Kimes started dating Tardy again after his release from custody. At the time of his murder, Tardy and Kimes lived in an apartment with other roommates. Campos continued to visit Kimes after she reunited with Tardy because Campos still wanted a romantic relationship with her. Campos believed Kimes’s life would be better with him than with Tardy. Indeed, Campos offered to take Kimes out of town to escape Tardy. Known in the neighborhood as a someone who got in fights, Tardy never seemed to use weapons. Also, Tardy felt jealousy when Kimes spent time with Campos. Sometime before the shooting, Tardy told Campos to stop seeing Kimes.