People v. Goodwin CA2/8

Filed 3/3/21 P. v. Goodwin CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B307231

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA052683) v.

MICHAEL FRANK GOODWIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Stanley Blumenfeld, Judge. Affirmed. Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Michael R. Johnsen, Deputy Attorneys General, for Plaintiff and Respondent.

**********

Defendant and appellant Michael Frank Goodwin was convicted of two counts of first degree murder arising from the execution-style shooting deaths of Mickey and Trudy Thompson in the driveway of their home in 1988. The jury also found true lying-in-wait and multiple-murder special-circumstance allegations as to each murder count. Defendant was sentenced to two life terms without the possibility of parole. In 2015, we affirmed defendant’s conviction in an unpublished decision. (People v. Goodwin (Jan. 26, 2015, B197574) [nonpub. opn.].) After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) in 2018, defendant filed a petition for resentencing pursuant to Penal Code section 1170.95. Section 1170.95 was enacted as part of the legislative changes effected by Senate Bill No. 1437 and became effective January 1, 2019. (Stats. 2018, ch. 1015, § 4.) Defendant, acting in propria persona, filed a form petition in which he alleged he was convicted of first degree murder under the felony murder rule or the natural and probable consequences doctrine and that he could no longer be so convicted in light of the changes made to sections 188 and 189 by Senate Bill No. 1437. Defendant stated he was not the actual killer, did not act with intent to kill and was not a major participant in the deaths of Mickey and Trudy Thompson. Defendant attached several exhibits to his petition, including excerpts of the jury instructions and a declaration from one of the jurors. Defendant also requested the appointment of counsel. At a hearing in June 2020, the trial court summarily denied defendant’s petition without appointing counsel. Relying on a review of the jury instructions, the verdict forms and our prior opinion affirming defendant’s conviction, the trial court found defendant was not eligible for resentencing and