People v. Camper CA2/2

BACKGROUND

Defendant was charged with murder in violation of Penal Code section 187, subdivision (a), with the allegation that in the commission of the crime he personally used a firearm. The information further alleged defendant had previously been convicted of a serious or violent felony within the meaning of Penal Code sections 667, subdivisions (b)-(j), and 1170.12. A jury convicted defendant of second degree murder and found true the allegation he personally used a firearm in the commission of the offense. After defendant waived a jury trial on the prior conviction allegation, the trial court found the allegation true, but struck it pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On October 13, 2022, the trial court sentenced defendant to a term of 15 years to life in prison for the murder, with a consecutive term of 10 years for the firearm enhancement. Defendant filed a timely notice of appeal from the judgment.

All further unattributed code sections are to the Evidence Code unless otherwise stated.

2 Prosecution evidence On April 10, 2021, police responded to a shooting report at Nickerson Gardens and found Delin Austin lying in an alcove…