Opinion
E054308 Super.Ct.No. RIF1101641
02-10-2012
THE PEOPLE, Plaintiff and Respondent, v. JASON DEAN HODGE, Defendant and Appellant.
Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside 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).
All statutory references are to the Penal Code unless otherwise specified.
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.
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."
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
McKinster
J.
We concur:
Hollenhorst
Acting P.J.
Miller
J.