People v. Hudson CA5

Filed 11/24/20 P. v. Hudson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078824 Plaintiff and Respondent, (Super. Ct. No. F18906143) v.

THOMAS JEFFERSON HUDSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Glenda S. Allen-Hill, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Franson, J. and Peña, J.

STATEMENT OF THE CASE On September 10, 2018, a complaint was filed, charging Thomas Jefferson Hudson (defendant) with inflicting corporal injury on a spouse or cohabitant (Pen. Code,1 § 273.5, subd. (a); count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). As to each count, it was alleged defendant personally inflicted great bodily injury under circumstances involving domestic violence. (§ 12022.7, subd. (e).) On January 3, 2019, prior to the preliminary hearing, defendant was advised of, and waived, his constitutional rights pursuant to Boykin/Tahl.2 The court advised him of the consequences of admitting the charges and allegations, including that, because there was no agreement as to sentence, he faced up to nine years in custody and/or a $10,000 fine; and the offenses would constitute strikes for purposes of future felony sentencing. Counsel stipulated that the crime reports provided a factual basis for each count, and the court ordered that they be made part of the record. Defendant then pled no contest to each count and admitted each great bodily injury enhancement allegation. Defendant was sentenced on February 4, 2019. As to count 1, the court imposed the three-year middle term for the offense plus a consecutive four-year middle term for the great bodily injury enhancement, for a total term of seven years in prison. As to count 2, the court again imposed the three-year middle term for the offense plus a consecutive four-year middle term for the enhancement, and it ordered sentence on count 2 to be served concurrently with sentence on count 1. The court awarded defendant a total of 173 days of custody credit pursuant to section 2933.1. It reserved restitution to the victim; ordered defendant to pay a $300 restitution fine pursuant to section 1202.4; imposed but stayed an additional restitution fine in the same amount pursuant to section 1202.45; ordered defendant to pay an $80 court security fee pursuant to section 1465.8;