People v. Dodge CA2/6

Filed 4/2/24 P. v. Dodge CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B326897 (Super. Ct. No. 20CR08383) Plaintiff and Respondent, (Santa Barbara County)

v.

KYLE RICHARD ALONZO DODGE,

Defendant and Appellant.

Kyle Richard Alonzo Dodge appeals from the judgment after he pleaded guilty to several counts of drugs and firearm offenses. He contends the trial court erred in denying him presentence credits for the time he was released on bail and ordered to live in a sober living facility with a GPS monitor. We affirm. FACTS AND PROCEDURAL HISTORY In December 2020, Dodge was arrested for several drug and firearm offenses. His bail was set at $500,000 with terms and conditions of release, including that he wear a GPS monitor.

On April 6, 2021, Dodge posted bail. The trial court issued an amended order setting bail modification. The terms and conditions of release included that Dodge reside at a sober living facility and wear a GPS monitor. The program at the facility consisted of three weekly groups, two monthly individual counseling sessions, attendance at two 12-step meetings, and random drug and alcohol testing weekly for a minimum of six months. In October 2022, Dodge entered an open plea of guilty to possessing a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), sale and/or transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), two counts of unlawful assault weapon activity (Pen. Code,1 § 30600, subd. (a)), two counts of carrying a loaded firearm (§ 25850, subd. (a)), and possession of a silencer (§ 33410). The plea agreement specified he would not be sentenced to more than 10 years in state prison. He entered a Cruz2 waiver and sentencing was scheduled for January 2023. On October 27, 2022, Dodge was arrested again for a new offense. His supervised pretrial release was revoked, and his bail bond was exonerated. At sentencing, Dodge admitted he violated the Cruz waiver by committing a new crime. The trial court sentenced him to 12 years in state prison.