People v. Goodwin CA5

FACTS

At 9:00 p.m. on September 4, 1994, Fresno Police Officers Carl McKnight and David McCrery were on patrol and responded to a disturbance call at an apartment complex in central Fresno.2 The officers were met by several people outside the complex. Flora Perez told the officers she had seen appellant in the area with a handgun and he threatened to kill Perez’s dog. Perez described appellant as a Black male by the name of Patrick who lived on the second floor of the complex above Perez’s apartment. The dog had apparently growled at appellant and appellant threatened Perez, telling her he was going to shoot the dog. Other individuals told the officers appellant

All statutory references are to the Penal Code. We granted the People’s motion, over appellant’s objection, to take judicial notice of this court’s opinion in appellant’s original appeal in case No. F023071. The facts are derived from our opinion. We note that in appellant’s original petition to recall his sentence before the trial court, appellant requested the trial court to take judicial notice of the entire court file from his case.

2 lived on the second floor, was crazy, always ran around with a gun,…