People v. Hoff CA5
CourtCalifornia Court of Appeal
Date FiledOctober 27, 2026
DocketF091067
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Filed 10/27/26 P. v. Hoff CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or or dered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
F091067
Plaintiff and Respondent,
(Super. Ct. No. CR-24-013834)
v.
JAMES JEFFREY HOFF, OPINION
Defendant and Appellant.
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. Carrie M.
Stephens, Judge.
Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Detjen, Acting P. J., Harrell, J. and Guerra, J.
INTRODUCTION
Appellant and defendant James Jeffrey Hoff (defendant) pleaded no contest to
making criminal threats against his then-cohabitant (Pen. Code,1 § 422). He was placed
on probation and subject to a protective order prohibiting contact with the victim. He
was subsequently arrested for committing new offenses against the victim and probation
was revoked. After an evidentiary hearing, the trial court found he violated probation and
sentenced him to the midterm of two years in prison for criminal threats.
On appeal, defendant’s counsel filed a brief that summarized the facts with
citations to the record, raised no issues, and asked this court to independently review the
record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental
brief. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On November 1, 2024, deputies from the Stanislaus County Sheriff’s Department
responded to a dispatch about a 911 “open line” call from a female who was screaming,
“Choke me again.” The call’s location was “pinged” in the area of Highway 108 and
Brady.2
When the deputies arrived at that location, they encountered defendant and
Jane Doe at a parked car. Jane Doe was not crying. The deputies asked if she called 911.
Jane Doe said she made the 911 call but nothing physical happened between them.
The deputies found drug paraphernalia in the car. After the paraphernalia was
found, Deputy Don Villapudua spoke separately to Jane Doe out of defendant’s presence
and asked why she called 911. Jane Doe became very emotional and started to cry. She
1 All further statutory citations are to the Penal Code.
2 The following facts are from the preliminary hearing held on November 19, 2024,
which the parties stipulated to as the factual basis for defendant’s plea to criminal threats.
2.
said defendant was her boyfriend, and he choked her for three to four seconds while they
were sitting in their parked car.
Jane Doe said the incident happened when she was sitting in the driver’s seat and
defendant was in the front passenger seat of the car. They argued about gas money, and
because she did not want to remain in the relationship. Jane Doe said defendant used his
right hand to choke her and said, “Bitch, I’m going to kill you,” and she was afraid for
her life. Jane Doe said defendant pushed her neck back into the car seat with enough
force that her head was also pushed back.
Jane Doe reported she had neck pain and a sensation like needles were being
poked in her skin. Villapudua observed redness on her neck. Jane Doe said she had been
in a relationship with defendant for about one year, and she had lived with defendant for
the past five months.
Deputy Justin Camara testified he spoke separately to defendant. Defendant said
they argued about gas money, but asserted he had text messages that proved his
innocence and that Jane Doe assaulted him.
Camara testified he reviewed the text messages on defendant’s phone. Defendant
confirmed he designated Jane Doe on his phone messages as “stupid bitch.” Defendant’s
first message to Jane Doe was about money. His other messages to her contained
“[s]ome very disparaging derogatory terms.” Defendant texted to Jane Doe “that she’s
done, you’re dead,” and “you’re a dead tweaker.” Defendant’s messages to her also
contained homophobic and racial slurs. Camara testified defendant threatened to kill her
more than 10 times in the text messages.3
3 The prosecution introduced into evidence printouts of the text messages as
supporting exhibits.
3.
The Charges
On December 3, 2024, an information was filed in Stanislaus Superior Court that
charged defendant with count 1, criminal threats to Jane Doe (§ 422, subd. (a)); and
count 2, assault by means of force likely to produce great bodily injury on Jane Doe
(§ 245, subd. (a)(4)). It was further alleged defendant had two prior serious felony
conviction enhancements (§ 667, subd. (a)) and two prior strike convictions; and there
were aggravating factors based on his numerous and increasing criminal activity, and his
prior prison term (Cal. Rules of Court, rule 4.421(b)(2) & (3)).
Plea and Probation
Also on December 3, 2024, defendant pleaded no contest to count 1, criminal
threats. The trial court granted the prosecution’s motion to dismiss the remaining charges
and allegations.
The trial court placed defendant on formal supervised probation for three years
subject to certain terms and conditions, including to obey all laws and completion of a
52-week batterers’ treatment program.
The trial court served defendant with a domestic violence criminal protective order
that prohibited him from all contact with Jane Doe, harassing, striking, or abusing her,
and to stay at least 100 yards away from her home and workplace (§§ 1203.097,
subd. (a)(2), 273.5, subd. (j)).
4.
PROBATION VIOLATION
At 6:00 a.m. on November 2, 2025, Deputy Miguel Garcia responded to dispatch
about a 911 call of a possible domestic violence incident, where a female and male could
be heard in the background and the call was suddenly disconnected.4
Garcia responded to the location where the phone “pinged” in Modesto, and met
Jane Doe. She was upset and the majority of her sweatshirt was wet.
Jane Doe said a few hours earlier, defendant entered her own home (in another
location) through an unlocked door, without notice or permission. He immediately
argued and accused her of cheating on him. Defendant dragged her outside by the hair
and forcibly put her inside his vehicle.
Jane Doe said defendant drove erratically at a high rate of speed and made random
turns. Defendant had a knife, and he threatened to slash her throat and kill her.
Jane Doe said she asked to get out of the vehicle and defendant refused.
Defendant eventually stopped at a market. Jane Doe tried to get out but defendant started
to drive again. Defendant drove to his own residence, which was a trailer.
Jane Doe said defendant pulled into an alley, apparently near his trailer.
Defendant grabbed her cellphone and put it inside his trailer. Jane Doe again tried to get
out of the car. Defendant returned with a shovel and hit her left hip and buttocks. They
struggled over the shovel, Jane Doe got control of it, and defendant let it go. Defendant
grabbed a hose and sprayed Jane Doe with water.
Jane Doe said she went into the trailer with defendant and they argued. Jane Doe
said she regained control of her cellphone and called 911. Defendant took her cellphone
by force and then he ran away.
4 The following evidence about the probation violation is from the contested
evidentiary hearing held on November 19, 2025.
5.
Jane Doe reported injuries to her left hip and buttocks area, and a female deputy
took photographs of bruises. Another deputy found a knife in a nearby trash can, and
two shovels.
On November 3, 2025, Detective Alejandro Fuentes located defendant. Defendant
admitted he had been with Jane Doe on numerous times between October 31 and
November 2, 2025, including the incident described by Jane Doe.
Revocation of Probation
On November 4, 2025, the probation officer filed a notice with the trial court that
defendant violated probation because he was arrested on November 3, 2025, for
committing new offenses against Jane Doe and violating the criminal protective order.
The notice stated defendant was arrested for committing multiple offenses,
including burglary, kidnapping, and a new charge of criminal threats.
On November 5, 2025, the trial court summarily revoked defendant’s probation.
On November 10, 2025, defendant requested a contested evidentiary hearing on
the probation violation. In addition, several new charges were filed against him based on
the November 2, 2025, incident.5
Evidentiary Hearing
On November 19, 2025, the trial court conducted a joint preliminary hearing on
the new charges filed against defendant, and a contested evidentiary hearing on his
alleged probation violation. The prosecution introduced the evidence summarized above.
At the conclusion of the hearing, the trial court held defendant to answer in the
new case for committing the following offenses against Jane Doe on November 2, 2025:
count 2, first degree burglary (§ 459); count 3, kidnapping (§ 207, subd. (a)); count 4,
criminal threats (§ 422, subd. (a)) with a deadly weapon enhancement (§ 12022,
5 The instant record does not contain the complaint that was filed for the new
charges arising from the November 2, 2025 incident, but the trial court later recited the
counts that defendant was being held to answer to.
6.
subd. (b)(1)); count 5, assault with a deadly weapon other than a firearm (§ 245,
subd. (a)(1)); count 6, robbery (§ 211); count 7, infliction of a corporal injury (§ 273.5,
subd. (a)); count 8, misdemeanor drawing a deadly weapon in a threatening manner
(§ 417, subd. (a)(1)); count 9, misdemeanor intentional and knowing violation of a court
order (§ 273.6, subd. (a)); and count 10, misdemeanor destroying a cellphone to prevent
calling for help (§ 591.5).
The trial court also found defendant violated probation based on committing new
offenses and violating the protective order.
Sentencing
On January 21, 2026, the trial court convened the scheduled sentencing hearing in
the probation violation case. The court stated the prosecutor would move to dismiss the
new charges filed against defendant for the incident on November 2, 2025, for
insufficient evidence if defendant was sentenced to prison in the probation violation case.
The parties agreed and the court dismissed the second case.
As to the original case, the trial court denied probation and sentenced defendant to
the midterm of two years for his conviction of committing criminal threats.
On the same day, defendant filed a timely notice of appeal.
DISCUSSION
As noted above, defendant’s counsel filed a Wende brief with this court. The brief
also included counsel’s declaration indicating that defendant was advised he could file his
own brief with this court. By letter on July 23, 2026, we invited defendant to submit
additional briefing. To date, he has not done so.
After independent review of the record, we find that no other reasonably arguable
factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
7.