People v. Gallardo CA2/4

Filed 12/16/13 P. v. Gallardo CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B246666

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA095245) v.

EDWARD LARRY GALLARDO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. Paul Stubb, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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On August 17, 2011, Los Angeles County Sheriff’s Deputy Joseph Morales and his partner, Deputy Lopez, detained a Nissan Maxima that appellant was driving for a traffic violation. After discovering appellant was on parole, Deputy Lopez searched appellant’s person and recovered a baggie of methamphetamine, a balloon of heroin, and $531 in cash. Inside the car, Deputy Morales found two baggies of methamphetamine, three baggies of cocaine, and three syringes filled with heroin in liquid form. The deputies also recovered a loaded and stolen revolver underneath the car’s hood. A jury found appellant guilty of possession of cocaine for sale (Health & 1 Saf. Code, § 11351; count 1), transportation of cocaine (§ 11352, subd. (a); count 2), possession of methamphetamine for sale (§ 11378; count 3), transportation of methamphetamine (§ 11379, subd. (a); count 4), possession of heroin while armed with a firearm (§ 11370.1, subd. (a); count 5), carrying a loaded and stolen firearm in public (Pen. Code, § 12031, subd. (a)(1); count 6), possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1); count 7), and driving on a suspended or 2 revoked license (Veh. Code, § 14601.1, subd. (a); count 9). On June 14, 2012, appellant requested new counsel, citing a conflict of interest. The trial court ruled it could not relieve trial counsel because counsel was retained, not appointed. On June 22, 2012, new counsel appeared on behalf of appellant. On the same date, the trial court found true that appellant had suffered one section 11370.2, subdivision (c) prior conviction, three Penal Code section 667.5, subdivision (b) priors, and nine “strike” priors. On December 31, 2012, appellant filed a motion for new trial based upon 1 All further statutory citations are to the Health and Safety Code, unless otherwise stated. 2 Two additional counts (counts 8 and 10) were dismissed following the prosecution’s case-in-chief. 2