Camba

People v. Camba

Good Law
1996 Cal. App. LEXIS 1027·50 Cal. App. 4th 857·57 Cal. Rptr. 2d 907·96 Daily Journal DAR 13361·96 Cal. Daily Op. Serv. 8072
Court of Appeal of CaliforniaNovember 4, 1996A072883California3,196 words

Opinion

Opinion

Swager, J.

Appellant was convicted following a jury trial of second degree murder (Pen. Code, § 187, subd. (a)), with personal use of a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5), and sentenced to a total term of 19 years to life in state prison. On appeal, he objects to the trial court’s exclusion of evidence of the victim’s gang affiliations, prior violent acts and drug use. He also challenges the reasonable doubt instruction given by the court, and the reduction of his presentence credits pursuant to section 2933.1, subdivision (c). We find that no prejudicial errors were committed and affirm the judgment.

Facts

On November 12,1994, appellant left work at AVP Limited in Cordelia at 11:15 a.m. with his brother Bernard Camba, and his friends Adonis Paragus and Eric Paculan. Their destination was a former residence on Kidder Avenue. Bernard drove the car, appellant was in the front passenger seat, Adonis was seated behind the driver, and Eric was seated behind appellant. A .38-caliber revolver which appellant had purchased for protection from “gangs” was in the glove compartment of the car. Appellant thought he had unloaded the gun that day while he was at work, but…

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