People v. Hodges CA5

INTRODUCTION

Appellant/defendant Isaiah Hodges pleaded no contest to attempted carjacking (Pen. Code, §§ 664/215, subd. (a)),1 with an enhancement for personal use of a firearm (§ 12022.53, subd. (b)), a prior strike conviction, and a prior serious felony enhancement, and was sentenced to 20 years. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS2

Around 1:29 a.m. on July 13, 2014, Margarito “Mark” Epinoza (Espinoza) called 911 and reported an attempted robbery at the Valero gas station near California Street and Union Avenue in Bakersfield. Espinoza reported that a man pointed a weapon at him that “looked like a shotgun.” Espinoza said the suspect tried to grab his keys and steal his car. Espinoza said the suspect was a slender African-American man, who was between 20 and 25 years old, had dreadlocks, and wore a white tank top and white shorts. Espinoza said he was scared but told the suspect that he was not getting his keys. The suspect tried to grab his keys, but Espinoza pulled…