People v. Goodwin CA2/2

Filed 5/26/23 P. v. Goodwin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B321263

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA150991) v.

MARK ANTHONY GOODWIN,

Defendant and Appellant.

THE COURT:

Defendant Mark Anthony Goodwin appeals from the trial court’s order denying his postjudgment petition for resentencing

under Penal Code1 section 1172.6.2 Having found no error, we affirm the court’s order. BACKGROUND3 On the night of May 22, 1997, Goodwin and his girlfriend Teresa Costello-Kogon were engaged in a heated argument outside a Los Angeles hotel. At one point, Goodwin grabbed Costello-Kogon by the neck, knocked her to the ground, and kicked her in the head three or more times with work boots. When a friend came outside to help Costello-Kogon, Goodwin kicked her in the head again. He appeared drunk. A deputy medical examiner testified Costello-Kogon died as a result of blunt force trauma to the head that could have been caused by someone wearing construction boots. DNA analysis established that Costello-Kogon’s blood was found on Goodwin’s boots. On January 12, 1998, a jury convicted Goodwin of second degree murder (§ 187) for which he was ultimately sentenced to a state prison term of 15 years to life.4

1 Undesignated statutory references are to the Penal Code. 2 Goodwin petitioned the court pursuant to section 1170.95. Effective June 30, 2022, that section was renumbered section 1172.6, with no change in the text. (Stats. 2022, ch. 58, § 10.) 3 The following facts are drawn from this court’s unpublished decision in Goodwin’s direct appeal from his conviction. (People v. Goodwin (Jan. 31, 2000, B118904) [nonpub. opn.].) 4Goodwin was also convicted and sentenced for resisting an executive officer within the meaning of section 69 and having admitted to serving two prior prison terms for felonies within the meaning of section 667.5, subdivision (b). However, this court