People v. Campos CA4/3

INTRODUCTION

Defendant and appellant Salvador Campos appeals from a true finding on an enhancement for discharge of a firearm. Specifically, he contends his lawyer should have asked for a jury instruction on accident and that his failure to do so deprived Campos of his right to effective assistance of counsel. Campos also contends the trial court should have instructed the jury sua sponte that personal use of a firearm is a lesser included enhancement of intentional discharge of a firearm. Campos acknowledges that the California Supreme Court has held otherwise in People v. Majors (1998) 18 Cal.4th 385, 410-411 and that we are required to follow Supreme Court precedent. He raises this issue solely to preserve it. Accordingly, we will not address this aspect of his appeal further other than to express here our rejection of it pursuant to Majors.

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FACTS

Adolfo Acosta was the proprietor of a Santa Ana store selling audio equipment for homes and cars. One day, Campos and a male companion were waiting for him when he opened his door at his customary 10:00 a.m. One of the men told Acosta that he wanted to buy a sound system for his truck. Acosta told the men to drive the truck…