People v. Godoy CA2/7

Filed 9/15/15 P. v. Godoy CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B256013

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA127686) v.

ROGELIO ANGEL GODOY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles, Gary Tanaka, Judge. Affirmed with directions. Benjamin Owens for Defendant and Appellant, Rogelio Angel Godoy. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent.

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Rogelio Godoy appeals from his conviction after trial by jury on two counts of criminal threats. Godoy asserts that the trial court erred by allowing the introduction of evidence concerning his gang affiliation, and by imposing certain fines. We agree that the fines must be corrected, and otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND Godoy was charged with corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)(Count 1)1 and criminal threats (§ 422, subd. (a)(Counts 2 and 3.) Personal use of a weapon was alleged as to Count One, and a prior conviction of a serious and violent felony (§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), a prior serious felony conviction (§ 667, subd, (a)(i) and four prior prison terms (§ 667.5, subd. (b).) were also alleged. The case was tried to the jury, and, in November, 2013, the jury returned verdicts of guilty on Counts 2 and 3. The court declared a mistrial as to Count 1. In March, 2014, Godoy admitted the prior conviction allegations. The court sentenced Godoy to a term of 14 years, four months, and ordered, among other fines and fees, a $300 restitution fine (§ 1202.4, subd. (b), imposing and suspending an equal parole revocation fine (§ 1202.45).) TRIAL TESTIMONY2 Helen Barrera Helen Barrera identified the defendant as her daughter, Gina Morales’s, boyfriend, indicating he used the name Little Raskal.3 She testified that she believed the defendant