Campbell

People v. Campbell

Good Law
1999 Cal. App. LEXIS 1002·76 Cal. App. 4th 305·90 Cal. Rptr. 2d 315·99 Daily Journal DAR 11625·99 Cal. Daily Op. Serv. 9118
Court of Appeal of CaliforniaNovember 18, 1999No. D032071California1,892 words

Opinion

Lead Opinion

Haller, J.

A jury found Charles Lynde Campbell (Charles) guilty of inflicting corporal injury resulting in traumatic injury to his wife, Kelly *307 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.

Facts

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 return, Kelly went to the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.