Goodner

People v. Goodner

Good Law
1992 Cal. App. LEXIS 858·7 Cal. App. 4th 1324·9 Cal. Rptr. 2d 543·92 Daily Journal DAR 9388·92 Cal. Daily Op. Serv. 6004
Court of Appeal of CaliforniaJuly 6, 1992H008449California3,857 words

Opinion

Opinion

Cottle, J.

I

Introduction

In People v. Goodner (1990) 226 Cal.App.3d 609 [ 276 Cal.Rptr. 542 ] (hereafter Goodner 1), this court reversed the trial court’s orders striking the prior serious felony conviction allegations against defendant Gregory Goodner involving priors No. 69112 and No. 76965 from Santa Clara County (hereafter 69112 and 76965), reinstated the allegations, and remanded this case to the trial court for further proceedings consistent with the views expressed in that opinion. The judgment was affirmed in all other respects. (226 Cal.App.3d at pp. 619-620.) On remand, defendant waived jury trial and proceeded with a court trial on the truth of those two prior serious felony allegations. After the trial court denied defendant’s motion to withdraw his guilty plea and rejected his plea of once in jeopardy, it found true the prior serious felony allegations. Defendant’s sentence of 25 years in state prison included an additional 10 years for the 2 prior serious felony enhancements. The case returns to this court where defendant contends (1) his statement to the probation officer contained in the 69112 probation report was inadmissible “on constitutional grounds as a…

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