People v. Campbell

Opinion by

Judge MARQUEZ.

Defendant, Clyde D. Campbell, appeals the trial court order denying his Crim. P. 85(c) motion for postconviction relief. We affirm and remand for further proceedings.

The charges in this case stem from an altercation involving defendant and his then live-in girlfriend (victim). As pertinent here, defendant pointed a gun at the victim and ordered her to undress. The victim responded by saying, effectively, "I'd rather be dead." Defendant then fired a shot next to her.

Defendant was charged with two counts of sexual assault, and one count each of felony menacing, criminal…