People v. Hover CA1/5

Filed 1/27/22 P. v. Hover CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A163219 v. JAMES MICHAEL HOVER, (Sonoma County Super. Ct. No. SCR-745012-1) Defendant and Appellant.

James Michael Hover appeals from an aggregate prison term of six years imposed after he pled no contest to assault with a deadly weapon (car) and leaving the scene of an accident and admitted an enhancement allegation for great bodily injury. (Pen. Code, § 245, subd. (a)(1), 12022.7, subd. (a); Veh. Code, § 20001, subd. (a).) His court-appointed counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We find no arguable issues and affirm. I. FACTS AND PROCEDURAL HISTORY During the early morning of March 19, 2021, Corey Gamboa was straddling his motorcycle while talking with another man on a roadway under an overpass near a transient camp. Appellant, then 28 years old, drove his silver Subaru toward them and struck Gamboa while the other man jumped out of the way. Appellant did not stop and crashed into a fence before

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fleeing the scene. Gamboa was hospitalized with injuries to his right leg. Appellant, who was homeless and abused drugs, had had prior disputes with Gamboa, but told the investigating officers that he had not tried to hit Gamboa with his car. Appellant was charged with attempted premediated murder, assault with a deadly weapon and leaving the scene of an accident, along with an enhancement for great bodily injury. (Pen. Code, §§ 664/187, subd. (a), 245, subd. (a)(1), 12022.7, subd. (a); Veh. Code, § 20001, subd. (a).) Before a preliminary hearing was held, appellant pled no contest to assault with a deadly weapon and leaving the scene of an accident and admitted the great bodily injury enhancement. It was an open plea with no agreement as to sentence, which carried a maximum term of seven years, eight months. The attempted murder count was dismissed as a condition of the plea. At sentencing, the People argued in favor of a seven-year prison term, the amount recommended by the probation department. Appellant urged the court to place him on probation, citing a head injury and drug addiction as mitigating factors. The court imposed the three-year middle term for assault with a deadly weapon, a three-year term for the great bodily injury enhancement, and a concurrent two-year middle term for leaving the scene of an accident, for an aggregate sentence of six years. It cited a number of factors in aggravation, including that the crime involved great violence, that appellant’s vehicle had been used as a weapon, that Gamboa was vulnerable at the time of the collision, that appellant was an active participant, and that appellant had a criminal history involving driving (driving under the influence and driving on a suspended license). The court found that these factors warranted the middle term on the assault count when weighed against the factors in mitigation, which included the lack of a serious record