People v. McDermott CA2/3

BACKGROUND

I. Evidence at McDermott’s trial

Finding it to be an accurate summary of the evidence at McDermott’s underlying trial, we take the background, with some additions in brackets, from this division’s opinion affirming as modified McDermott’s judgment of conviction on direct appeal, People v. McDermott (June 27, 2007, B193585) [nonpub. opn.].2

1 All further undesignated statutory references are to the Penal Code.

Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) 2 Both parties rely on the statement of facts from the opinion and neither contends that the opinion inaccurately summarizes the evidence. An appellate opinion is part of the record of conviction in section 1172.6 proceedings, and a trial court at an evidentiary hearing may consider the procedural history of the

2 “1. Prosecution evidence. “On April 28, 2004,[3] Dwane Godoy met with defendant McDermott and Alcliff Daley. They asked if Godoy knew anyone who could get marijuana for them. Godoy promised to check around. He contacted Troy Lewis’s uncle Dave, who subsequently called back to say Lewis could get the marijuana. “On the…