People v. Silveira CA5

Filed 2/3/14 P. v. Silveira 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F066312 Plaintiff and Respondent, (Super. Ct. No. 12CM2458) v.

GABRIEL LEAL SILVEIRA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Deborah Prucha, 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 Levy, Acting P.J., Poochigian, J, and Peña, J.

Appellant, Gabriel Leal Silveira, pled no contest to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and admitted allegations that he had a prior conviction within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we found that the court neglected to impose a mandatory parole revocation fine. We will modify the judgment to include this fine and affirm the judgment as modified. FACTUAL AND PROCEDURAL HISTORY On July 11, 2012, at approximately 11:17 a.m., officers from various law enforcement agencies executed a search warrant at Silveira’s residence in Hanford. Silveira was stopped as he drove a truck away from the house. During an ensuing search of the truck, officers found a plastic container attached to the underside of the truck’s body. Inside the container, officers found 14 grams of methamphetamine and packaging material. During the traffic stop, Silveira showed symptoms of being under the influence of a controlled substance. A urine test confirmed the substance was methamphetamine. On September 12, 2012, the district attorney filed a first amended information charging Silveira with transportation of methamphetamine (count 1), possession of methamphetamine for sale (count 2/Health & Saf. Code, § 11378), possession of methamphetamine (count 3/Health & Saf. Code, § 11377, subd. (a)), and being under the influence of methamphetamine (count 4/Health & Saf. Code, § 11550, subd. (a)). Counts 1 and 2 also alleged a prior conviction enhancement (Health & Saf. Code, § 11370.2, subd. (c)) and the information alleged a prior prison term enhancement (Pen. Code, § 667.5, sub. (b)) and that Silveira had a prior conviction within the meaning of the three strikes law. On September 25, 2012, Silveira pled no contest to the transportation charge and admitted the three strikes allegation in exchange for dismissal of the remaining counts