People v. Godinez CA4/1

Filed 10/6/21 P. v. Godinez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078223

Plaintiff and Respondent,

v. (Super. Ct. No. SCD118353)

RAFAEL GODINEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Reversed and remanded with directions. Benjamin Kington, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Kristen Ramirez, Deputy Attorneys General, for Plaintiff and Respondent. In 1996, a jury convicted Rafael Godinez of first degree murder (Pen.

Code,1 § 187, subd. (a)). The jury also found Godinez was armed with a

1 All further statutory references are to the Penal Code.

firearm (§ 12022, subd. (a)(1)). Godinez was sentenced to an indeterminate term of 26 years to life in prison. Godinez appealed, and this court affirmed the judgment in a nonpublished opinion, People v. Godinez, D027646 (Sept. 22, 1998). In 2020, Godinez filed a petition for resentencing under section 1170.95. The court appointed counsel and received briefing. The People responded that Godinez had stated a prima facie case and may be entitled to relief. The People argued the court should issue an order to show cause (OSC) and conduct an evidentiary hearing. The trial judge denied the petition without issuing an OSC or holding an evidentiary hearing. The court said, “And, again, I’m going to deny the petition because I think he was an active participant.” The court did not specify the materials reviewed or the source of the conclusion that Godinez was an active participant. Godinez appeals, contending the court erred in denying the petition without issuing an OSC and holding an evidentiary hearing as required by statute. The Attorney General agrees with Godinez and argues we should reverse the order and remand for further proceedings. We agree with the People’s position in the trial court and the agreement of the parties to this appeal. We will find the trial court erred in the premature dismissal of the petition. We will reverse and remand.