P. v. Hodges

Filed 2/8/06 P. v. Hodges CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Madera County. Edward P. Moffat, Judge.

William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

On March 23, 2005, appellant Keith Scott Hodges pled no contest in case No. MCR18086 to one count of feloniously buying or receiving a vehicle (Pen. Code, § 496d, subd. (a)) and he admitted a prior serious felony conviction within the meaning of the three strikes law. Hodges pled no contest in case No. MCR18073B to one count of feloniously buying or receiving a vehicle and to one felony count of possessing methamphetamine. Hodges also admitted an allegation that he had a prior serious felony conviction within the meaning of the three strikes law. Pursuant to the plea agreement, there would be a lid on Hodges's sentence of six years.

On May 20, 2005, the trial court rejected appellant's invitation to strike his prior serious felony conviction. The court designated appellant's conviction for receiving a vehicle in case No. MCR18073B as the principal term and imposed the two-year midterm for receiving a vehicle. The court doubled the sentence to four years pursuant to the three strikes law. The court imposed the two-year midterm for possession of methamphetamine which it doubled to four years. The court made this term concurrent to the principal term. In case No. MCR18086, the court imposed one-third the midterm of eight months which it doubled pursuant to the three strikes law to sixteen months. The court made this sentence consecutive to the other sentence. Hodges's total prison term is five years four months. The court awarded applicable custody credits and imposed a restitution fine.

Hodges's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Hodges was advised he could file his own brief with this court. By letter on September 9, 2005, we invited Hodges to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

DISPOSITION

The judgment is affirmed.

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^*Before Dibiaso, Acting P.J., Harris, J., and Cornell, J.