Campo
People v. Campo
Opinion
Opinion
Ballantyne, J.
Introduction
An information was filed against defendant, Robert Ray Campo, charging him with the murder (Pen. Code, § 187) and kidnap (Pen. Code, § 207, subd. (a)) of Ashraf Bandari, known as Germaine to his friends. It was also alleged that defendant used a firearm within the meaning of Penal Code section 12022.5 during the commission of the offenses. Because defendant was 17 years old at the time of the offenses, a fitness hearing was held in juvenile court where defendant was found unfit for a juvenile proceeding. He was ordered to be tried as an adult.
On February 4, 1985, defendant entered a conditional plea of guilty to the charges. The condition was that he be referred to the California Youth Authority (hereinafter CYA) for the preparation of an amenability report. If the report prepared by CYA was unfavorable, he would be allowed to withdraw his guilty plea. The court stated that if the report was favorable, it would follow its recommendation.
The report from CYA was unfavorable to the defendant. Defendant subpoenaed the employees of CYA who participated in the preparation of the report. The Attorney General filed a motion to quash the subpoenas. The court held…