People v. Hodges CA2/3

Filed 8/7/23 P. v. Hodges CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B317734

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA021980 v.

RUFUS HODGES, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Garcia, Judge. Affirmed. Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Chung L. Mar and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent. _______________________________________

INTRODUCTION A jury convicted defendant Rufus Hodges, Jr. (Hodges) of two counts of second degree robbery and found him not guilty of one count of receiving stolen property. Hodges later filed a petition under the Safe Neighborhoods and Schools Act, commonly known as Proposition 47, which allows persons convicted of certain theft-related offenses to have those offenses reduced to misdemeanors. The court denied Hodges’s petition, finding none of Hodges’s convictions qualify for relief under Proposition 47. On appeal, Hodges argues the court should have reduced his receiving stolen property conviction to a misdemeanor. Because Hodges was not convicted of receiving stolen property and his robbery convictions do not qualify for relief under Proposition 47, the court properly denied Hodges’s resentencing petition. We therefore affirm. PROCEDURAL BACKGROUND1

In 2001, the People charged Hodges with two counts of second degree robbery (Pen. Code,2 § 211; counts 1 & 2) and one count of receiving stolen property (§ 496, subd. (a); count 3). The People alleged that Hodges suffered four prior serious or violent felony convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and two prior serious felony convictions (§ 667, subd. (a)(1)). A jury found Hodges guilty of both counts of robbery and not guilty of receiving stolen property. The trial court found true the prior conviction allegations and sentenced Hodges to a total