People v. Goodman CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

In January 2019, both Goodman and his co-defendant Ivan Rascon were charged by information with felony first-degree burglary with a person present based on a December 2018 incident (Pen. Code, § 459, count one). Count one was enhanced by allegations that the offense was a violent felony (id., § 667.5, subd. (c)), that the defendants were ineligible for probation (id., § 462, subd. (a)) and that, if convicted, they must serve their sentences in state prison (id., § 1170). Goodman was additionally charged under count two with felony first-degree burglary with a person present based on an April 2017 incident (id., § 459), which was enhanced by the same allegations as count one. Prior to the jury trial in this matter, Goodman’s and Rascon’s motions to sever counts and/or codefendants were denied by the trial court. Over Goodman’s objection, the court granted the prosecutor’s request under section 1101, subdivision (b), to admit evidence of an uncharged offense—a November 2017 shoplifting incident—to aid in establishing Goodman’s intent with respect to the charged April 2017 burglary. The following evidence was adduced at trial. A. April 2017…