People v. Campbell CA2/2

BACKGROUND

In 1993, defendant was convicted of two counts of attempted murder (§§ 664/187, subd. (a)) (counts 1 and 2), and two counts of assault on a peace officer with a semiautomatic rifle (§ 245, subd. (d)(2)) (counts 3 and 4). As to counts 1 and 2, the jury found true two firearm enhancements (§ 12022.5, former subd. (b)(2)), as well as the allegation that the attempted murders were willful, deliberate and premeditated. Defendant admitted three prior convictions pursuant to section 667.5, former subdivision (b). Defendant was sentenced to life with the possibility of parole on count 1, plus five years for the firearm enhancement, and a concurrent term of life with the possibility of parole on count 2, plus five years for the firearm enhancement. The court stayed the remaining counts and the three prior prison term enhancements. The judgment was affirmed in People v Campbell (Apr. 3, 1995, B081976) (nonpub opn.).

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 On October 31, 2022, the CDCR identified this case pursuant to former section 1171.1, now 1172.75, and notified the superior court so it could review defendant’s sentence…