Hodges

People v. Hodges

Bad Law
152 Cal. Rptr. 3d 621·2013 Cal. App. LEXIS 78·213 Cal. App. 4th 531·2013 WL 390228
Court of Appeal of CaliforniaJanuary 31, 2013No. A131542California4,406 words

Opinion

Lead Opinion

Jenkins, J.

Defendant and appellant William Drew Hodges appeals from the judgment entered after a jury found him guilty of robbery (Pen. Code, 1 § 211), assault with a deadly weapon (§ 245, subd. (a)(1)) and felony petty theft with a prior (§ 666). As explained below, because the trial court’s response to a jury question was misleading and it failed to provide a pinpoint instruction requested by defendant, we shall reverse the judgment and remand for further proceedings.

Procedural Background

The Sonoma County District Attorney filed a felony complaint against defendant in March 2009. In June 2009, defendant, assisted by counsel and pursuant to a plea agreement, entered guilty pleas to assault by means of force likely to result in grievous bodily injury and petty theft with a prior. *534 Before imposition of sentence, however, the trial court granted the prosecution leave to amend the complaint to allege several newly discovered priors from out of state and permitted defendant to withdraw his plea.

A second amended complaint was filed in September 2009. Subsequently, the public defender’s office determined defendant was not eligible for legal services. Defendant appeared with…

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