P. v. Campaz CA3
In 2007, a jury found defendant Carlos Tomas Campaz, Jr., guilty of first degree murder. It found not true the allegations defendant intentionally killed the victim while lying in wait and personally used a deadly weapon. The trial court sentenced defendant to 25 years to life and we affirmed his conviction. In 2020, department 24 of the trial court granted defendant’s habeas corpus petition and defendant’s conviction was reduced to second degree murder. Meanwhile, defendant filed a petition for resentencing in department 23 of the same court pursuant to Penal Code section 1170.95. Defendant appeals the denial of this petition arguing that department 23 used the wrong standard to determine he was not eligible for relief. The People concede the error. We will reverse and remand.
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