Campbell

People v. Campbell

Caution
76 Cal. App. 4th 305·90 Cal. Rptr. 2d 315·1999 WL 1042594
Court of Appeal of CaliforniaNovember 18, 1999D032071California1,926 words

Opinion

Opinion

Certified for Partial Publication. [1]

A jury found Charles Campbell (Charles) guilty of inflicting corporal injury resulting in traumatic injury to his wife, Kelly Campbell (Kelly). (Pen.Code, [2] § 273.5, subd. (a).) Charles then admitted the truth of four prior conviction allegations, including a no-probation prior (§ 1203, subd. (e)(4)), two prison priors (§ 667.5, subd. (b)), and a prior under the three strikes law (§ 667, subd. (e)(1), § 1170.12, subd. (c)(1)). The trial court imposed a six-year sentence: the three-year midterm doubled for the strike prior. The court then stayed the two prison priors.

Charles appeals, contending the trial court erred by (1) failing to instruct the jury that section 273.5 is a specific intent crime, (2) excluding evidence that Kelly had previously engaged in prostitution, and (3) failing to properly admonish Charles before he admitted his prior convictions.

We reverse and remand with respect to the last contention, but affirm the judgment in all other respects.

Late one night, Kelly returned to her apartment after spending several hours with her upstairs neighbor. The two women had been talking and drinking beer. Upon her…

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