People v. Goodwin CA5

Filed 6/9/22 P. v. Goodwin CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F079655

Plaintiff and Respondent, (Super. Ct. No. F16900408) v.

ORDER MODIFYING

ZACHERY WILLIAM DAVID GOODWIN, OPINION AND DENYING

REHEARING

Defendant and Appellant. (CHANGE IN JUDGMENT)

THE COURT:

It is ordered that the opinion filed herein on May 17, 2022, be modified in the following particulars: 1. The Conclusion on page 18 is deleted and the following is inserted:

CONCLUSION

The conviction on Count 1 (§ 187) is reversed, and the firearm enhancements are vacated. The People may retry this count and the enhancements. The convictions on Count 2 (§664/211) and Count 3 (§ 246), and the firearm enhancements thereon, are affirmed. The sentences on Counts

SEE CONCURRING…