People v. Gallow CA5

Filed 3/24/14 P.v. Gallow CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE,

Plaintiff and Respondent, F065630

v. (Madera Super. Ct. No. MCR028437)

LUCRETIA GALLOW, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Madera County. Roger L. Wayne and David D. Minier, Judges.† (Retired judges of the Madera County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Jeffrey Grant, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Kane, J., and Poochigian, J. † Judge Wayne presided over appellant’s motion to substitute her trial counsel. Judge Minier presided over appellant’s trial and sentencing hearing.

INTRODUCTION On July 30, 2009, appellant, Lucretia Gallow, was charged in a consolidated first amended information with feloniously carrying a deadly weapon while in custody (Pen. Code, § 4502, subd. (a), count 1),1 felonious battery of a nonprisoner while incarcerated in state prison (§ 4501.5, count 2), and misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364, subd. (a), count 3). The information further alleged appellant had a prior serious felony conviction within the meaning of the three strikes law and a prior prison term enhancement. On July 20, 2011, appellant requested a Marsden2 hearing. During the hearing, appellant appeared to request the right of self-representation (Faretta v. California (1975) 422 U.S. 806 (Faretta)). The court later determined that appellant sought not to change her counsel but to have him make a motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). The court granted defense counsel’s motion for a continuance to file a Pitchess motion. On June 4, 2012, the trial court heard and denied appellant’s Pitchess motion. At the conclusion of a jury trial on June 21, 2012, appellant was found guilty of counts 1 and 3. Appellant waived her right to a jury trial on the special allegations. The trial court found the prior serious felony allegation and prior prison term enhancements true. The trial court sentenced appellant to the midterm of three years on count 1, doubled under the three strikes law to six years. The court imposed a consecutive term of one year for the prior prison term enhancement for a total prison sentence of seven years.