People v. Goodwin CA5

BACKGROUND

Charges The Fresno County District Attorney charged Goodwin with committing three crimes: murder (Pen. Code,3 § 187), attempted robbery (§ 664/211), and shooting at an occupied vehicle (§ 246). Each charge included firearm enhancements (§§ 12022.53, subd. (d) & 12022.5, subd. (a)). Trial Evidence According to two juveniles, A. and I., Goodwin planned a robbery with them and a fourth juvenile. I. knew Goodwin was armed with a firearm.

1Goodwin was acquitted of first degree felony murder, i.e., homicide during an attempted robbery. 2 We do not reach the sentencing claims because they are technically mooted by the decision to reverse the murder conviction. All statutory references are to the Penal Code.

2. The plan was to use A., who was working as a prostitute, to lure an unsuspecting customer into a robbery. Sure enough, the victim arrived in his vehicle ready to transact with A. As A. approached and entered the vehicle, Goodwin followed behind. At this point, A. knew Goodwin was armed with a firearm. Goodwin used the firearm to tap on the driver’s window. The victim began driving away. Goodwin fired four shots, hitting the victim three times. The victim later…