The People v. Nampula CA4/2

I. INTRODUCTION

Defendant Jose Nampula appeals from his conviction of two counts of attempted

willful, deliberate, and premeditated murder (Pen. Code,1 §§ 664, 187, subd. (a)) with

associated enhancements (§§ 12022.53, subds. (b)-(d), 186.22, subd. (b)(1)(C)) and his

resulting prison sentence of 80 years to life.

Defendant contends: (1) the trial court erred in denying his motions to suppress

evidence and to quash and traverse the search warrant because the affidavit in support of

the search warrant lacked sufficient information to support a conclusion that he had

committed a crime or that evidence of the crime would be found at his residence; (2) his

confession was involuntary, and its admission at trial violated his constitutional privilege

against self-incrimination, his right to counsel, and his right to due process; and (3) the

sentence of 80 years to life constituted cruel and unusual punishment. We find no error,

and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

Sometime after midnight on May 1, 2008, Carl Vandusen was driving his friends,

R.A. (age 16) and E.A. (also age 16), past E.A.’s house at 1007 West Belleview Street in

San Bernardino, when they saw…