People v. Godinez CA2/1

Filed 8/27/20 P. v. Godinez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B303577

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA307364) v.

RAFAEL ALEJANDRO GODINEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig Richman, Judge. Appeal dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2010, a jury convicted Rafael Alejandro Godinez of one count of first degree murder with special circumstances (Pen. Code, §§ 187, 190.2, subd. (a)(21))1 and four counts of attempted murder. The jury also found true certain gang and gun enhancement allegations. (§§ 186.22, subd. (b), 12022.53, subds. (b)–(d).) The court sentenced Godinez to four consecutive terms of 25 years to life plus life without the possibility of parole and ordered him to pay a $200 restitution fine (former § 1202.4, subd. (b)) and $4,000 in victim restitution (§ 1202.4, subd. (f)). Godinez appealed, and we affirmed the judgment in 2011. (People v. Godinez (Nov. 30, 2011, B228241) [nonpub. opn.].) In 2019, Godinez filed a motion in the superior court challenging the victim restitution order based on People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). In particular, Godinez requested the appointment of counsel and a hearing at which the People would be required to demonstrate his ability to pay restitution. He also sought an order directing the Department of Corrections and Rehabilitation not to deduct funds from his inmate trust account. On December 3, 2019, the trial court summarily denied the motion. Godinez filed a timely notice of appeal. We appointed appellate counsel for Godinez, who filed a brief setting forth the pertinent procedural history and a summary of relevant facts, and raising no issues on appeal. Counsel requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel also notified Godinez that he would be filing the brief, that Godinez was entitled to file a supplemental brief with this court, and that counsel remained available to brief any issues upon our request.