People v. Galaviz CA4/1

Filed 10/29/13 P. v. Galaviz CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062990

Plaintiff and Respondent,

v. (Super. Ct. No. SCS255144)

MICHAEL GALAVIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Francis M.

Devaney, Judge. Affirmed as modified and remanded with directions.

Vanderhoff Law Group and Jeanne C. Vanderhoff, under appointment by the

Court of Appeal, for the Defendant and Appellant.

Kamala D. Harris, Attorney General, for the Plaintiff and Respondent.

The People charged Michael Galaviz with resisting an executive officer (Pen.

Code,1 § 69); battery upon an officer (§ 243, subd. (b)); resisting an officer (§ 148, subd.

(a)(1)); and vandalism of property valued under $400 (§ 594, subd. (b)(1)). The People

further alleged he had prior convictions under the "Three Strikes" Law.

Galaviz was self-represented at the start of trial court proceedings, but the court

later appointed counsel for him because of its concern he was not mentally competent to

represent himself. (People v. Johnson (2012) 53 Cal.4th 519.)