People v. Hobbs CA6

Case No.: H041489    

THE PEOPLE, Plaintiff and Respondent,
CHARLES EDWARD HOBBS, Defendant and Appellant.

H041489 (Santa Clara County Super. Ct. No. CC129407)

In 2001 appellant Charles Edward Hobbs pleaded guilty to assault with a deadly weapon (Pen. Code, § 245 subd. (a)(1)), battery with serious bodily injury (Pen Code, §§ 242-243, subd. (d)), attempting to dissuade a witness from reporting a crime (Pen Code, § 136.1, subd. (b)(1)), and false imprisonment (Pen. Code, § 236-237). He also admitted the he had suffered three prior convictions, including two strike priors. (Pen. Code, §§ 667, subd (b)-(i), 1170.12). The trial court sentenced defendant to 25 years to life pursuant to the “Three Strikes” law. In appeal numbers H026305 and H026884, this court affirmed his conviction.1

On August 13, 2014, appellant filed a “Petition for Recall of Sentence Pursuant to California’s Penal Code Section 1170.126, Recall of an Illegal Sentence . . . .” (P........