P. v. Hodge
Filed 2/10/12 P. v. Hodge CA4/2
NOT TO BE PUBLISHED IN OFFICIAL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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
JASON DEAN HODGE,
Defendant and Appellant.
E054308
(Super.Ct.No. RIF1101641)
OPINION
APPEAL
from the Superior Court of
County. Becky Dugan,
Judge. Affirmed.
Patrick
E. DuNah, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
INTRODUCTION
On
March 2, 2011, a felony complaint charged defendant and appellant Jason Dean
Hodge with (1) unlawful driving or taking of a vehicle with a prior conviction
for the same under Penal Code section 666.5, subdivision (a) and Vehicle Code
section 10851, subdivision (a) (count 1); and (2) receiving stolen property
with a prior conviction for unlawful
driving or taking of a vehicle under Penal Code sections 666.5, subdivision
(a) and 496d, subdivision (a). The
complaint also alleged six, one-year priors, under Penal Code section 667.5,
subdivision (b).
name="_ftnref1" title="">[1]
On
March 11, 2011,
defendant’s motion to proceed in propria persona was granted.
On
May 11, 2011, pursuant to a plea bargain,
defendant pled guilty to count 1, unlawful driving or taking of a vehicle with
a prior conviction for same; in exchange for a stipulated four-year upper-term
sentence in state prison and a
dismissal of the remaining charge and enhancements.
On
July 25, 2011,
defendant filed a motion to withdraw
his guilty plea. The trial court heard
and denied the motion. On the same date,
the trial court sentenced defendant to a four-year term. The court also awarded 302 days of custody
credits under section 2033.1 (151 actual and 151 conduct days). The court imposed a $200 fine under section
1202.4, and a $200 fine under section 1202.45 (suspended pending successful
completion of parole).
Defendant
filed a timely amended notice of appeal
challenging both the validity of his plea, as well as his sentence or other
matters occurring after the plea. The
trial court denied defendant’s request for the issuance of a
the record.
STATEMENT OF FACTS
At
the hearing wherein defendant pled guilty, the court asked: “So, they’re using Count 1, which is February
25, 2011, in Riverside, vehicle theft of this 1994 Nissan Pathfinder. Are those facts true?†Defendant replied, “Sure, yes.â€
In
count 1, the complaint alleged that defendant violated Penal Code section
666.5, subdivision (a), as defined in Vehicle Code section 10851, subdivision
(a), that defendant “did willfully and unlawfully drive or take a certain
vehicle, to wit 1994 NISSAN PATHFINDER, CALIFORNIA LICENSE PLATE # 3GSX460, the
property of another, without the consent of and with intent to deprive the
owner of title to and possession of said vehicle.†The complaint also alleged that defendant had
a prior conviction for vehicle theft.
ANALYSIS
After defendant appealed, and
upon his request, this court appointed counsel to represent him. Counsel has filed briefs under the authority
of People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738 setting forth a statement of the case, a
summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We
offered defendant an opportunity to file a personal supplemental brief in both
cases, but he has not done so. Pursuant
to the mandate of People v. Kelly
(2006) 40 Cal.4th 106, we have conducted an independent review of the record
and find no arguable issues.
DISPOSITION
The
judgment is affirmed.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ McKinster
J.
We concur:
/s/ Hollenhorst
Acting
P.J.
/s/ Miller
J.
name="_ftn1" title=""> [1] All statutory references are to the Penal Code
unless otherwise specified.
