People v. Seale CA

Filed 11/22/13 P. v. Seale CA NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D063913

Plaintiff and Respondent,

v. (Super. Ct. No. SCD246369)

GABRIEL SEALE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K

Moring, Judge. Affirmed.

Appellate Defenders, Inc. and Lynelle K. Hee, under appointment by the Court of

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Gabriel Seale entered into a plea agreement in which he plead guilty to selling a

substance in lieu of a controlled narcotic substance (Health & Saf. Code, § 11355. The

remaining count and allegation were dismissed.

At the time of the entry of the plea the court advised Seale it would strongly

consider suspending a three-year prison sentence on the condition that Seale successfully

complete a drug treatment program.

Seale was granted probation and the court stayed a 180-day sentence pending

completion of a drug treatment program.