People v. Gerlach CA4/1

Filed 9/11/14 P. v. Gerlach CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D065365

Plaintiff and Respondent,

v. (Super. Ct. No. SCD251809)

ERIK GERLACH,

Defendant and Appellant.

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

Moring, Judge. Affirmed.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant Eric Gerlach was charged with one count of personation of another

individual (Pen. Code, § 529, subd. (a)(3))1; the complaint also alleged he had served one

prior prison term (§§ 667.5, subd. (b), 668), and had two strike prior convictions (§§ 667,

1 All further statutory references are to the Penal Code unless otherwise specified.

subds. (b)-(i), 1170.12). The parties entered into a plea bargain pursuant to which

Gerlach pleaded guilty to the charged offense; the other allegations were to be dismissed.

Gerlach understood and agreed he would be sentenced to 365 days in local custody and