People v. Campbell CA3

Good Law
Court of Appeal of CaliforniaJanuary 30, 2015C073456California3,647 words

Opinion

Opinion

discussion post. Campbell’s jury found him guilty of murder and robbery, sustained the robbery- murder special circumstance, and found he was armed with and personally discharged a firearm. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17), 211, 12022, subd. (a)(1), 12022.53, subd. (d).)1 The trial court sentenced Campbell to life without parole plus 25 years to life, and Campbell timely appealed. Hudson’s jury found him guilty of murder and robbery, rejected the special circumstance, but found a principal was armed with a firearm. (§§ 187, subd. (a), 211, 12022, subd. (a)(1).) The trial court sentenced Hudson to 26 years to life, and Hudson timely appealed. Taylor’s jury found him not guilty on all counts.

DISCUSSION

I Campbell’s Claims A. Self-Defense Instruction Campbell faults the trial court for including the “initial aggressor” limitation to the self-defense instructions, and contends this lowered the People’s burden to prove defendant did not act in self defense. We disagree.

Further undesignated statutory references are to the Penal Code.

2 The trial court instructed that if Campbell acted in self defense, he was not guilty of murder, and the People had to prove…

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