People v. Godoy CA4/1

Filed 7/22/25 P. v. Godoy CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083126, D083283

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD296229, SCD299560) JUSTIN AARON GODOY,

Defendant and Appellant.

CONSOLIDATED APPEALS from judgments of the Superior Court of San Diego County, Jeffrey F. Fraser, Judge. Affirmed as modified. Steve S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Laura G. Baggett and Robin Urbanski, Deputy Attorneys General, for Plaintiff and Respondent. In these consolidated appeals, Justin Aaron Godoy appeals from judgments imposed in two separate criminal cases, one for an incident when he threw a bottle at his roommate’s head and another for an incident when

he threw a rock at an eight-year-old girl’s head. His primary argument on

appeal is that there is insufficient evidence of felony child abuse (Pen. Code,1 § 245, subd. (a)(1)) for the second incident because he had no caregiving or similar relationship with the child. He also raises a variety of sentencing issues, many of which are conceded by the Attorney General. We reject Godoy’s sufficiency of evidence argument, correct the sentencing errors, and

affirm the judgments as modified.2 FACTUAL AND PROCEDURAL BACKGROUND A. Case No. SCD296229 On January 17, 2023, Godoy pled guilty to assault with a deadly weapon (§ 245, subd. (a)(1)) for a September 18, 2022 incident in which he threw a full glass bottle at his roommate’s head. On March 27, 2023, the court placed Godoy on formal probation for two years. In August and October 2023, the court found Godoy in violation of his probation based on the July 2023 rock-throwing incident charged in case No. SCD299560. At sentencing in both cases, the court sentenced Godoy to a three-year prison term for case No. SCD296229, to be served concurrently with the 17-year term imposed in case No. SCD299560. B. Case No. SCD299560 On July 1, 2023, security officers at Scripps Mercy Hospital escorted Godoy off the hospital property. When they got outside, Godoy threatened to hit the first person he saw with a rock and reached down to grab a rock off the ground. An officer pushed his taser holster forward and said, “Don’t do