People v. Goodwin CA5

Filed 11/7/14 P. v. Goodwin CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067845 Plaintiff and Respondent, (Super. Ct. No. F94519375) v.

PATRICK GLENN GOODWIN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Michael Satris, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ivan P. Marrs, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Detjen, J., and Peña, J.

PROCEEDINGS Appellant, Patrick Glenn Goodwin, was found guilty at the conclusion of a jury trial on December 9, 1994, of being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a) [subsequently reenacted as Pen. Code, § 29800, subd. (a)]).1 Because appellant had two prior serious felony convictions within the meaning of the three strikes law, the trial court sentenced him to a term of 25 years to life. On November 6, 2012, the electorate passed Proposition 36 which amended the three strikes law. Appellant filed a petition to recall his sentence pursuant to the amended provisions of sections 667, 1170.12, and 1170.126 (hereafter the Act). The trial court summarily denied appellant’s petition on August 1, 2013. Appellant contends the trial court erred in denying his petition. We disagree and affirm the trial court’s ruling. FACTS At 9:00 p.m. on September 4, 1994, Fresno Police Officers Carl McKnight and David McCrery were on patrol and responded to a disturbance call at an apartment complex in central Fresno.2 The officers were met by several people outside the complex. Flora Perez told the officers she had seen appellant in the area with a handgun and he threatened to kill Perez’s dog. Perez described appellant as a Black male by the name of Patrick who lived on the second floor of the complex above Perez’s apartment. The dog had apparently growled at appellant and appellant threatened Perez, telling her he was going to shoot the dog. Other individuals told the officers appellant