Hodges

Facts and Procedural Background The following procedural history is drawn from this court’s unpublished decision in appellant’s direct appeal from his conviction (People v. Shirilvin Dwayne Hodges (Feb. 15, 2005, B171277) [nonpub. opn.]): In July 2001, appellant was convicted by jury of the following violations of the Penal Code: kidnapping (§ 207, subd. (a)), three counts of forcible oral copulation (§ 288a, subd. (c)(2)), two counts of assault with a firearm (§ 245, subd. (a)(2)), and possession of a firearm by a felon (§ 12021, subd. (a)(1)). The jury further found that appellant personally used a firearm in committing all but the firearm possession offense (§§ 12022.3, subd. (a), 12022.5, subd. (a), (d), 12022.53, subd. (a)), and that he had suffered three prior serious felony convictions (§ 667, subd. (a)(1).) The trial court sentenced appellant as a third strike offender to a total term in state prison of 230 years to life. We affirmed the conviction in a nonpublished opinion. (People v. Hodges, supra, B171277.) A Habeas Petition Masquerading as a Postjudgment Motion In May 2022, appellant filed a motion to vacate his sentence on the basis that the 230 years to life sentence…