People v. Hodges CA5

Filed 9/26/16 P. v. Hodges CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F071306 Plaintiff and Respondent, (Kern Super. Ct. No. BF156039A) v.

ISAIAH HODGES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. H. A. Staley (Retired Judge of the Kern Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) and John S. Somers, Judges.† Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Detjen, J. †Judge Staley ruled on the motion to suppress (Pen. Code, § 1538.3) and motion to set aside the gang enhancements; Judge Somers presided over the negotiated disposition and sentencing, and ruled on defendant’s motion for substitution of counsel pursuant to People v. Smith (1993) 6 Cal.4th 684 (Smith).

INTRODUCTION Appellant/defendant Isaiah Hodges pleaded no contest to attempted carjacking (Pen. Code, §§ 664/215, subd. (a)),1 with an enhancement for personal use of a firearm (§ 12022.53, subd. (b)), a prior strike conviction, and a prior serious felony enhancement, and was sentenced to 20 years. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS2 Around 1:29 a.m. on July 13, 2014, Margarito “Mark” Epinoza (Espinoza) called 911 and reported an attempted robbery at the Valero gas station near California Street and Union Avenue in Bakersfield. Espinoza reported that a man pointed a weapon at him that “looked like a shotgun.” Espinoza said the suspect tried to grab his keys and steal his car. Espinoza said the suspect was a slender African-American man, who was between 20 and 25 years old, had dreadlocks, and wore a white tank top and white shorts. Espinoza said he was scared but told the suspect that he was not getting his keys. The suspect tried to grab his keys, but Espinoza pulled away and ran off. Espinoza said he went inside the convenience store, and the suspect “took off” on foot and headed north on Union Avenue, toward an underpass and the railroad tracks. Espinoza told the 911 operator that he could still see him. Espinoza said he was not injured.3