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Not to Be Published in the Official Reports in the Court of Appeal of the State of California Second Appellate District Division

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Not to Be Published in the Official Reports in the Court of Appeal of the State of California Second Appellate District Division Filed 4/2/21 P. v. Godbolt CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B302235 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA116437) v. ORDER MODIFYING OPINION JAYLIN GODBOLT et al., AND DENYING PETITION FOR REHEARING Defendants and Appellants. [CHANGE IN JUDGMENT] THE COURT: The opinion filed herein on March 12, 2021, is modified as follows: The DISPOSITION at pages 58–59 is deleted in its entirety. The following DISPOSITION is inserted in its place: DISPOSITION Appellants’ convictions for the attempted murder of Manuel Jose Jimenez are reversed. Appellants’ cases are remanded with directions to enter new sentences that reflect the reversal of the convictions for the attempted murder of Manuel Jose Jimenez and the striking of the associated enhancements. With respect to each appellant, the sentence is to be reduced by a term of 40 years to life imprisonment, comprised of 15 years for the offense and 25 years for the enhancement under Penal Code section 12022.53, subdivision (d), resulting in the following new sentences: Godbolt for a term of 230 years to life; Ray for a term of 230 years to life; and Wise for a term of 170 years to life. The judgment as to Godbolt is to be corrected to provide for a court security fee of $930 under Penal Code section 1465.8 and a criminal conviction assessment of $1,240 under Government Code section 70373. The superior court is directed to correct the abstracts of judgment as follows: (1) In Godbolt’s abstract, the number of determinate years is to be reduced from 252 to 250 (abstract, p. 1, para. 6) and the sentence is to be reduced by 40 years to reflect the reversal of the conviction for the attempted murder of Manuel Jose Jimenez; also in Godbolt’s abstract, in all but the 25 robbery counts, the convictions must be shown to be based on convictions by a jury instead of being based on pleas. (2) In Ray’s abstract, in all but the 28 robbery counts, the convictions must be shown to be based on convictions by a jury instead of being based on pleas; and the sentence is to be reduced by 40 years to reflect the reversal of the conviction for the attempted murder of Manuel Jose Jimenez. 2 (3) In Wise’s abstract, the sentence is to be reduced by 40 years to reflect the reversal of the conviction for the attempted murder of Manuel Jose Jimenez. The superior court shall issue new abstracts of judgment that correct the errors noted and that reflect the new sentences imposed on appellants. The court shall forward the new abstracts of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgments are affirmed. This modification changes the judgment. The petition for rehearing filed March 18, 2021, is denied. ____________________________________________________________ LUI, P. J. CHAVEZ, J. HOFFSTADT, J. 3 Filed 3/12/21 P. v. Godbolt CA2/2 (unmodified opinion) 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 SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B302235 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA116437) v. JAYLIN GODBOLT et al., Defendants and Appellants. APPEALS from judgments of the Superior Court of Los Angeles County, Steven D. Blades, Judge. Affirmed in part, reversed in part, and remanded with directions. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant Jaylin Godbolt. Patricia Ihara, under appointment by the Court of Appeal, for Defendant and Appellant Sean Ray. David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant Branden M. Wise. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill, and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________________ Jaylin Godbolt (Godbolt), Sean Ray (Ray), and Branden Wise (Wise), collectively referred to as appellants, were jointly tried before a jury which found them guilty of first degree murder, four attempted murders, and of shooting at an inhabited building. Godbolt and Ray appeal from judgments imposing on each of them terms of imprisonment of 270 years to life and Wise appeals from a judgment and sentence of 210 years to life imprisonment. We reject appellants’ contention that their jailhouse statements admitting these charges should have been excluded. We conclude that one of the attempted murder convictions must be reversed because it is not supported by any evidence. We find that errors in the abstracts of judgment must be corrected. We remand the cases with directions to enter new sentences that exclude the convictions for one of the attempted murders, to correct the errors in the abstracts of judgment that are noted in our opinion, and to issue new abstracts of judgment reflecting these changes. Otherwise, we affirm the judgments. Prior to the trial which resulted in this appeal, Godbolt pleaded no contest to 25 counts of robbery and he admitted gang 2 (Pen. Code, § 186.22(b)(1)(C)),1 firearm (§§ 12022.53(b)(e)(1), 12022(a)(1)), and “on-bail”2 enhancements. The pleas were in exchange for the agreed upon disposition of a sentence of 20 years and included a waiver of appellate rights as to these robbery charges. Also prior to trial, Ray pleaded nolo contendere to 28 counts of robbery and 2 counts of possessing a firearm in a vehicle. He admitted the gang, firearm, and “on-bail” enhancements. As with Godbolt, the agreed upon disposition was a determinate sentence of 20 years and a waiver of appellate rights as to these charges. THE VERDICTS AND THE SENTENCES All three appellants were found guilty of the first degree murder of Florencio Ramirez. Gang enhancements and multiple firearm enhancements were found to be true of these crimes. Appellants were also found guilty of the attempted murders of Nancy Orozco, Stephanie Gastelo, Maria Alvarez, and Manuel Jose Jimenez. Each of these attempted murders were found to be willful, deliberate, and premeditated. Gang enhancements and multiple firearm enhancements were found to be true as to each of these four crimes. Godbolt and Ray were found guilty of shooting at an inhabited building and once again gang enhancements and several firearm enhancements were found to be true. Godbolt admitted “on-bail” enhancements as to all of these crimes. __________________________________________________________ 1 Statutory references are to the Penal Code unless otherwise noted. 2 This enhancement is based on the fact that at the time of the commission of the offense, the defendant had been released from custody on his own recognizance or on bail. (§ 12022.1.) 3 Godbolt was sentenced to a total term of 270 years to life. This was composed of 25 years to life for the first degree murder, five times 15 years to life for the attempted murders and shooting at an inhabited building, and six times 25 years to life for the enhancement under section 12022.53(d),3 for a total of 250 years to life.4 Twenty years for the robberies was added under the terms of the plea agreement. Ray was sentenced to a total term of 270 years to life. The composition of this sentence was the same as Godbolt’s.5 Wise was sentenced to a term of 210 years to life. His sentence was composed of 25 years to life for first degree murder, four times 15 years to life for the attempted murders and 125 years to life for the five firearm enhancements. We address the specific fines and fees imposed in discussing the contentions advanced regarding these fines. The appeals are from the judgments. THE FACTS We summarize the facts of the counts that went to trial. __________________________________________________________ 3 This enhancement is for personally and intentionally discharging firearm proximately causing great bodily injury. (§ 12022.53(d).) 4 Godbolt’s abstract of judgment erroneously states that 252 years were imposed on the counts that went to trial. The abstract of judgment is also in error in recording that all of Godbolt’s convictions were based on pleas. These errors will have to be corrected. 5 The abstract of Ray’s judgment also needs to be corrected in that it shows the convictions to be based on pleas. 4 1. The Shootings The fusillade of gunfire that killed Florencio Ramirez and nearly produced four more murders took place against the backdrop of long-standing hostile tensions between the 76 East Coast Crips6 gang and the Florencia 13, a Hispanic gang, on turf that was disputed between these two warring factions. Appellants were members of the East Coast Crips, the 76 East Coast Crips being a subset neighborhood gang of the East Coast Crips. The shootings took place on August 19, 2017, shortly after midnight on 77th Street near Parmelee Avenue. A group of five on four bikes was proceeding south on Parmelee and turned on 77th Street.
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