P. v. Goode
Appellant William Emmitt Goode admitted he killed his former girlfriend, Dahyoh Thomas, and set her body on fire. He claimed to have acted in self defense. Appellant pleaded guilty to arson of an inhabited structure (Pen. Code, 451, subd. (b)), and, following a jury trial, was convicted of second degree murder (Pen. Code, 187). The trial court sentenced him to serve 25 years to life in prison. On appeal from the judgment of conviction, appellant contends the trial court erred by allowing expert testimony on intimate partner battering and its effects, also referred to as battered womens syndrome. He asserts the error in allowing the expert testimony was compounded by instructional error and by defense counsels failure to object to the prosecutors alleged misuse of the testimony during closing argument. He further contends the court erred by admitting into evidence as a prior incident of domestic violence testimony to the effect that appellant had forced Thomas to undress and stand outside a car in a deserted area of Oakland. With regard to his sentence, appellant claims the trial court acted in excess of its jurisdiction by modifying the sentence to impose consecutive rather than concurrent terms of imprisonment after he had filed a notice of appeal.
Court find no merit in appellants attempt to overturn his murder conviction. However, because the trial court lacked authority to increase appellants sentence after an appeal had been filed, we have no choice but to modify the sentence to reflect that appellants terms of imprisonment for second degree murder and arson are to be served concurrently rather than consecutively. Accordingly, Court affirm the judgment as modified.
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