People v. Rodgers CA6

Filed 5/19/22 P. v. Rodgers CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049572 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. 21CR002810, 20CR010734, 20CR008435) v.

CORY JAMES RODGERS,

Defendant and Appellant.

I. INTRODUCTION As part of a global resolution of several cases, defendant Cory James Rodgers pleaded no contest to unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), misdemeanor inflicting corporal injury on a spouse, cohabitant, or child’s parent (Pen. Code, § 273.5),1 and misdemeanor battery on a spouse, cohabitant, or noncohabitant (§ 243, subd. (e)(1)). Pursuant to section 1170, subdivision (h), the trial court sentenced defendant to 16 months in the county jail for his violation of Vehicle Code section 10851, subdivision (a). The court sentenced defendant to a consecutive 180 days in the county jail for his violation of section 273.5 and a consecutive 312 days in the county jail for his violation of section 243, subdivision (e)(1).

1 All further statutory references are to the Penal Code unless otherwise indicated.

On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case but raises no issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. We have received no written argument from defendant. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have carefully reviewed the entire record and determined that there are no arguable issues on appeal. Following the California Supreme Court’s direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case. II. FACTUAL AND PROCEDURAL BACKGROUND A. Factual Background2 1. Case No. 21CR002810 On January 20, 2021, California Highway Patrol officers responded to a report of a disabled vehicle on a beach in Moss Landing. When the officers arrived at approximately 3:50 a.m., the reporting party, Jane Doe, stated that she and defendant had driven onto the beach in their pickup truck. They did not realize that the tide was rising. The truck got stuck. Defendant became upset and walked away. Doe stated that defendant had rented the truck and drove the truck before it became stuck. The truck was buried in sand up to its floorboards and had to be towed off the beach. Officers located rental paperwork from Gilroy Toyota with defendant’s name on it. On January 25, 2021, Gilroy Toyota reported the truck stolen. One of the dealership’s employees told Gilroy police that defendant rented the vehicle on