People v. Hendrix CA5

Filed 6/7/24 P. v. Hendrix CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087282 Plaintiff and Respondent, (Super. Ct. No. DF013161A) v.

JAMES DUELL HENDRIX, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Stephanie Renee Childers Stewart, Judge.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P. J., Detjen, J. and Peña, J.

INTRODUCTION Defendant James Duell Hendrix was charged with conspiracy to bring drugs into prison (Pen. Code, §§ 182, subd. (a)(1), 4573.6; count 1) and possession of marijuana and THC (§ 4573.6; counts 2 & 4, respectively). It was also alleged defendant had eight strike priors and a prison prior pursuant to section 667.5, former subdivision (b). In 2018, defendant entered a plea to count 2 and admitted the strikes and prison prior. In 2019, he was sentenced to an agreed term of four years on count 2 plus one year for the prison prior for a total of five years. (Undesignated statutory references are to the Penal Code.) After defendant was referred for resentencing under section 1172.75, the court struck his prison prior enhancement in November 2023 and resentenced defendant to four years on count 2. Defendant appeals from the resentencing order. Counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) asking us to independently review the record; defendant did not file a letter brief. We affirm. FACTUAL AND PROCEDURAL HISTORY Charges, Plea, and Original Sentence In 2017, defendant was charged with conspiracy to possess drugs in prison (§§ 182, subd. (a)(1), 4573.6; count 1) and possession of marijuana and THC (§ 4573.6; counts 2 & 4, respectively).1 It was also alleged defendant had eight strike priors and a prison prior pursuant to section 667.5, former subdivision (b). In 2018, defendant entered a plea of nolo contendere to count 2 and admitted the strike and prison prior allegations. The court granted a motion to strike seven of the strike priors and one of the prison priors.