P. v. Hodge
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).[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 certificate of probable cause. On December 6, 2011, we granted defendant’s request to augment the record.
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