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People v. Camba

Court of Appeal of California, First Appellate District, Division One

November 4, 1996, Decided

No. A072883.

Opinion

 [*860]  [**909]   SWAGER, J. 

Appellant was convicted following a jury trial of second degree murder ( Pen. Code, § 187, subd. (a)), with personal use of a firearm ( Pen. Code, § 1203.06, subd. (a)(1), 12022.5), 2 and sentenced to a total term of 19 years to life in state prison. On appeal, he objects to the trial court's exclusion of evidence of the victim's gang affiliations, prior violent acts and drug use. He also challenges the reasonable doubt instruction [***2]  given by the court, and the reduction of his presentence credits pursuant to section 2933.1, subdivision (c). We find that no prejudicial errors were committed and affirm the judgment.

FACTS

On November 12, 1994, appellant left work at AVP Limited in Cordelia at 11:15 a.m. with his brother Bernard Camba, and his friends Adonis Paragus and Eric Paculan. 3 [***3]  Their destination was a former residence on Kidder Avenue. Bernard drove the car, appellant was in the front passenger seat, Adonis was seated behind the driver, and Eric was seated behind appellant. A .38-caliber revolver which appellant had purchased for protection from  [*861]  "gangs" was in the glove compartment of the car. 4 Appellant thought he had unloaded the gun that day while he was at work, but must have loaded it again before he left.

As they proceeded on Pennsylvania Avenue in Fairfield, the victim, Walter Low, walked across the street and nearly collided with the rear of the car. Low appeared to "want to bump" the car, so appellant retrieved the gun from the glove compartment and ordered his brother to "[m]ake a U-turn" to "scare" Low. As they turned the car around, the victim "just kept on saying something and throwing signs out there that he wants to be bad or something." Appellant displayed the gun, but Low "still didn't run"; instead, the victim motioned to appellant to "come on." Appellant believed Low was "throwing" gang signs, so he pointed the gun at the victim. Without really aiming and just wanting to "scare the guy," appellant pulled the trigger. He was not aware the gun was still loaded.

Appellant heard the gunfire and saw Low fall to the ground. He was "shocked" and said, " 'Let's go, let's go.' " [***4]  Bernard drove straight home, and appellant disposed of the gun in a lake.

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50 Cal. App. 4th 857 *; 57 Cal. Rptr. 2d 907 **; 1996 Cal. App. LEXIS 1027 ***; 96 Cal. Daily Op. Service 8072; 96 Daily Journal DAR 13361

THE PEOPLE, Plaintiff and Respondent, v. ORLANDO S. CAMBA, Defendant and Appellant.

Notice:  [***1]  Opinion certified for partial publication. 1 

Prior History: Solano County Superior Court. Super. Ct. No. C39225. Hon. James F. Moelk.

Disposition: The judgment is affirmed.

CORE TERMS

urgency, gun, effective, sentence, credits, regular session, operative date, urgency clause, subdivision, roll call, gang, urgency measure, membership

Criminal Law & Procedure, Sentencing, Credits, Governments, Legislation, Enactment, Effect & Operation, Operability, Interpretation, Constitutional Law, Congressional Duties & Powers, General Overview, State & Territorial Governments, Legislatures, State Constitutional Operation, Bills of Attainder & Ex Post Facto Clause, Ex Post Facto Clause, Statutory Remedies & Rights