People v. Campbell CA2/2

Good Law
Court of Appeal of CaliforniaNovember 5, 2024B336876California673 words

Opinion

Opinion

BACKGROUND

In 2006, defendant was convicted by a jury of second degree robbery (§ 211) (count 1), false imprisonment by violence (§ 236) (count 2), assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)) (count 3), and second degree commercial burglary (§ 459) (count 4). The trial court imposed a third-strike sentence of 35 years to life on count 1, comprised of 25 years to life as the base term plus two five-year prior serious felony enhancements pursuant to section 667, subdivision (a)(1). The court imposed and stayed low term sentences on counts 2, 3, and 4. The judgment was affirmed on direct appeal in People v. Campbell (Sept. 26, 2008, B201020) [nonpub. opn.]. On January 5, 2024, defendant filed a form petition requesting recall and resentencing pursuant to section 1172.1, as amended by Assembly Bill No. 600. effective January 1, 2024. (Stats. 2023, ch. 446, § 2.) On January 30, 2024, the trial court summarily denied the request for resentencing, noting that section 1172.1 does not authorize defendant to initiate a petition on his own. Defendant filed a timely notice of appeal form the order.

DISCUSSION

Where, as here, appointed counsel finds no…

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