People v. Hodge CA2/8

Filed 10/20/23 P. v. Hodge CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B319222

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA077232) v.

DAMIEN HODGE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Alan Z. Yudkowsky, Temporary Judge. (Pursuant to Cal. Cons., art. VI, § 21.) Affirmed as modified with directions. John L. Staley, 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, Kenneth C. Byrne and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2019, a jury found defendant and appellant Damien Hodge guilty of dissuading a witness (Pen. Code, § 136.1; count 2) and of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 3) and acquitted him on one count of injuring a spouse/girlfriend (§ 273.5, subd. (a); count 1). At the original sentencing hearing on February 11, 2020, the court sentenced defendant to an eight-year prison term, awarding 183 days of presentence custody credits. While defendant’s direct appeal was pending, the court corrected the award of presentence custody credits to reflect a total of 304 days and prepared an amended abstract of judgment. In 2021, we vacated defendant’s sentence and remanded with directions to the trial court to hold a new trial on the prior conviction allegation or obtain a knowing and voluntary waiver and admission of the prior conviction from defendant in accordance with applicable law; to correct the error in the original sentencing minute order and abstract of judgment that incorrectly stated the conviction on count 3 was a serious and violent felony; and to hold a new sentencing hearing. We affirmed the judgment of conviction in all other respects. (People v. Hodge (July 7, 2021, B305189) [nonpub. opn.].) The remittitur issued September 8, 2021, and the resentencing hearing was held February 25, 2022. Defendant was present with counsel. Defendant admitted his prior strike conviction from 2005. The court denied defendant’s renewed motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. And, the court ordered the original sentencing minute order corrected to reflect that count 3 was not a serious or violent felony.