P. v. Goodsby 8/30/07 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C052534

Case Date: 11/28/2007

Preview:Filed 8/30/07

P. v. Goodsby CA3

NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, Plaintiff and Respondent, v. CARL DUANE GOODSBY, Defendant and Appellant.

C052534 (Sup. Ct. No. 05F1064)

The trial court found defendant Carl Duane Goodsby guilty and sentenced him to five years in state prison for stalking and making criminal threats against E.K. and her family. The court

denied defense counsel's request pursuant to Penal Code section 646.9, subdivision (m), for a recommendation to the Department of Corrections and Rehabilitation that defendant be certified for mental health treatment at a state hospital.1

1

Further undesignated statutory references are to the Penal

Code. 1

Defendant contends, on appeal, that (1) there was insufficient evidence to prove he made a criminal threat, (2) the court abused its discretion by denying his section 646.9, subdivision (m) request, and (3) the court's imposition of the upper term violated his Sixth and Fourteenth Amendment rights based on the holding in Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] (Cunningham). the judgment. FACTUAL AND PROCEDURAL BACKGROUND In March 2001, defendant was charged with stalking (

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