Filed 6/22/26 P. v. Campos CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D086258
Plaintiff and Respondent, (Super. Ct. No. CR125741)
v.
JESUS CAMPOS,
Defendant and Appellant.
APPEAL from an order of the Superior Court of San Diego County,
Laura J. Birkmeyer, Judge. Affirmed.
Jesus Campos, in pro. per.; and Allen G. Weinberg, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
In 1991, a jury convicted Jesus Campos of first degree murder. He was
sentenced to prison for 27 years to life. Campos appealed and this court
affirmed his conviction in an unpublished opinion filed October 27, 1993,
People v. Campos-Covarrubias, D017737.
In 2023, Campos filed a petition for resentencing under Penal Code1
section 1172.6. The trial court denied the petition without an evidentiary
hearing. Campos appealed and this court reversed the trial court’s denial of
the resentencing petition. (People v. Campos (Nov. 26, 2024, D083277)
[nonpub. opn.].) On remand the trial court set the matter for an evidentiary
hearing. The court found there were no jury instructions on aiding and
abetting, felony murder or natural and probable consequences and the record
showed individual intent to kill and that Campos was the actual killer. The
court again denied the resentencing petition.
Campos filed a timely notice of appeal.
Appellate counsel has filed a brief under the authority of People v.
Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been
able to identify any arguable issues for reversal on appeal. Counsel
recognizes the procedural requirements of People v. Wende (1979) 25 Cal.3d
436 are not required in cases governed by Delgadillo. Counsel notes however,
that Delgadillo grants the appellate courts discretion to independently review
the record for error. Counsel asks the court to exercise the discretion granted
to it and independently review the record for error.
The court has advised Campos of his right to file his own brief on
appeal. Campos has filed a supplemental brief. He principally challenges
the jury instructions which were utilized in his 1991 jury trial. He recognizes
this appeal is not from his original trial and conviction. However, he thinks
we should consider whether the trial court’s original instructions were proper
or whether other instructions should have been given. Campos’s
1 All statutory references are to the Penal Code.
2
supplemental brief in this appeal does not identify any arguable issues for
reversal on appeal.
DISCUSSION
As we have noted, counsel has filed a brief under the authority of
Delgadillo and asks the court to exercise its discretion to independently
review the record for error. To assist the court in its review and in
compliance with Anders v. California (1967) 386 U.S. 738, counsel has
identified a possible issue which was considered in evaluating the potential
merits of this appeal.
Whether the jury instructions alone precluded Campos from setting out
a prima facie case for relief under section 1172.6, subdivision (c).
We have exercised our discretion and independently reviewed the
record for error. We have not discovered any arguable issues for reversal on
appeal. Competent counsel has represented Campos in this appeal.
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DISPOSITION
The order denying Campos’s petition for resentencing under section
1172.6 is affirmed.
HUFFMAN, J.
WE CONCUR:
DO, Acting P. J.
CASTILLO, J.
Retired Associate Justice of the Court of Appeal, Fourth Appellate
District, assigned by the Chief Justice pursuant to article VI, section 6 of the
California Constitution.
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