P. v. Campos
Filed 7/10/06 P. v. Campos CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JUAN VICTOR CAMPOS, Defendant and Appellant. | E038461 (Super.Ct.No. RIF106792) OPINION |
APPEAL from the Superior Court of Riverside County. Vilia G. Sherman, Judge. Affirmed.
Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Kristen K. Chenelia, Deputy Attorney General, for Plaintiff and Respondent.
I. INTRODUCTION
Defendant Juan Victor Campos appeals from his conviction of second degree murder and being a minor in possession of a firearm with related firearm use and gang enhancements. (Pen. Code,[1] §§ 187, 12101, subd. (a), 12022.53, subd. (d), 186.22, subd. (b).) Defendant contends that (1) the trial court erred in giving misleading, incomplete, and inappropriate instructions on the defense of self-defense and the lesser included offense of manslaughter; (2) the instructions created a presumption that the homicide was murder and improperly directed the order of deliberations; and (3) the evidence established that defendant was guilty only of the lesser included offense of manslaughter. We find no error, and we affirm.
II. FACTS AND PROCEDURAL BACKGROUND
On the night of November 11, 2002, Maricella DelaCerda drove Gilbert Pena and Armando Franco in a Ford Taurus to a fast food restaurant, where they ordered hamburgers. They then returned to the Lakeview Apartments complex in Lake Elsinore.
Defendant had been visiting his brother at that apartment complex. As defendant was leaving, with his friends Loretta Acevedo and Yvonne Triplett in his car, he backed his black Suburban out of a parking space and began to drive forward. Acevedo testified that when he started to go forward, DelaCerda's Taurus cut in front of him and parked in the carport. Defendant stopped the Suburban about 20 feet from the rear of the Taurus.
Franco got out of the Taurus to see what was happening. Pena, holding a hamburger, opened the rear driver's side door. Defendant got out of the driver's side door of the Suburban holding a gun. He walked to the driver's side of the Taurus and fired 10 or 11 shots in the direction of the Taurus. As soon as the firing started, Franco and Pena ran away in opposite directions.
Pena was shot three times from the rear. He collapsed and died from one of the gunshot wounds that penetrated his lung. One of the shots struck the hand in which he was holding his hamburger.
At the time of his testimony, Franco was serving a prison term for assault with a deadly weapon. Franco denied ever having been associated or affiliated with the Elsinore Young Classics (EYC) gang. He denied remembering anything about the shooting incident, and he denied remembering any of the statements he had made to the police about the incident. His earlier statements to the police were admitted into evidence.
Acevedo testified that after the Suburban stopped, she heard someone yell, â€
