People v. Goodwin CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND3

A. SDC243102

Deborah Johnston and her husband lived in the Clairemont area of San Diego. On

August 10, 2012, with her husband out of town, Johnston left her home midmorning to

meet friends for brunch at 11:00 a.m. She locked the doors, but left the windows open

and the ceiling fans on due to the warm weather. She returned home around 1:00 p.m.,

parked her car in the attached garage and entered the residence in the kitchen-dining

room area.

We recite the facts and inferences from facts in a light most favorable to the judgments. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.)

3 After setting her purse down on a counter, Johnston heard a noise from the back of

the house that frightened her; her husband was out of town, and nobody should have been

in the house. Johnston began calling out, " 'Is somebody here? Is somebody back

there?' " and started down a hallway that led to the bedrooms. As Johnston approached

the end of the hallway, a man — whom Johnston later identified as Goodwin — came out

of the back bedroom, charging toward her. Johnston reacted by shrieking and screaming

that he should " 'Get out of…