People v. Godoy CA4/3

Filed 3/3/26 P. v. Godoy CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065417

v. (Super. Ct. No. 17NF0979)

AUGUSTINE BRADY GODOY, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Augustine Brady Godoy appeals the trial court’s decision not to recall and resentence him on its own motion. (Pen. Code, § 1172.1.)1 Godoy’s court-appointed counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case, advising she found no viable issues. Godoy was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under Delgadillo, we have independently examined the record and find no arguable issue. We therefore affirm. FACTS Godoy was convicted of second degree murder in 2021 for the killing of his childhood friend. The victim “was found with multiple fractures on the front and back of his skull, and multiple stab wounds to his head . . . .” (People v. Godoy (Dec. 16, 2022, G060340) [nonpub. opn.].) He was sentenced to 16 years to life in prison, which included a one-year enhancement for using a deadly weapon. The Legislature later amended section 1385 to require courts to dismiss an enhancement if it this was in furtherance of justice, giving great weight to certain mitigating circumstances, including mental illness. (§ 1385, subd. (c)(1) & (2), as amended by Stats. 2021, ch. 721, § 1.) It also amended section 1172.1 to allow the sentencing court to recall and sentence a defendant at any time based on a relevant change in sentencing laws. (§ 1172.1, subd. (a)(1), as amended by Stats. 2023, ch. 446, § 2.) Godoy filed a petition in 2025 inviting the sentencing court to recall and resentence him on its own motion. He contended his crime was connected to mental illness and asked the court to consider his rehabilitation