People v. Godlock CA4/3

FACTS

As the factual basis for his guilty plea in 2018, defendant stated: “In Orange County, California, on March 26, 2017 I willfully and unlawfully and with the specific intent to kill, attempted to murder Victor A., a human being. I also unlawfully possessed a firearm having been previously convicted

1 All further statutory references are to the Penal Code.

2 of a felony and possessed ammunition when I was prohibited from doing so.” At the plea hearing, defendant admitted a great bodily injury enhancement. The court specifically asked: “And the great bodily injury enhancement as it relates to count 1, the great bodily injury was inflicted, is that allegation true or is it not true?” Defendant responded: “True.” In his petition for resentencing filed in 2023, defendant averred: “1. A complaint, information, or indictment was filed against me that allowed the prosecution to proceed under a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, or attempted murder under the natural and probable consequences doctrine. [Citation.] [¶] 2.…