People v. Gonzales CA6

Filed 1/14/15 P. v. Gonzales CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040946 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS121615A, SS122350A) v.

FRANK DANIEL GONZALES,

Defendant and Appellant.

Defendant Frank Daniel Gonzales pleaded no contest to transportation of heroin (Health & Saf. Code, § 11352, subd. (a)),1 transportation of methamphetamine (§ 11379, subd. (a)), and forgery (Pen. Code, § 470, subd. (d)). He also admitted a prior prison term (id., § 667.5, subd. (b)) and to violating his probation in a prior case. The trial court sentenced Gonzales to six years in Monterey County jail as called for by his negotiated plea agreement. Gonzales’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified Gonzales of his right to submit a written argument on his own behalf, but he has not done so. Pursuant to Wende, we reviewed the entire record and have concluded that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” We will

1 Further unspecified statutory references are to the Health and Safety Code.

further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.) I. BACKGROUND A. Factual Background2 After 10:00 p.m. on December 9, 2012, Salinas police officers approached a vehicle parked at a shopping center. The driver, who was later determined to be Gonzales, identified himself to the officers as Miguel Solis from Arizona. Officers asked Gonzales to exit the vehicle, turn around, and place his hands on the car. After exiting the vehicle, Gonzales attempted to put his hand in his pocket. Fearing Gonzales was reaching for a weapon, the officer used a taser on him. Gonzales fell to the ground, then got up and began to run. Officers observed Gonzales emptying a plastic baggie containing clear crystalline chunks and throwing money as he fled. Eventually, Gonzales fell and surrendered to the officers. Police located some of the crystalline chunks dropped by Gonzales, which were later determined to be 2.6 grams of methamphetamine. During a search of Gonzales’s vehicle, officers found a glass pipe with white residue, a plastic baggie containing methamphetamine, and a plastic bag containing a black tar-like substance that tested presumptive positive for heroin. Two laptops, an external hard drive, and a white square attachment for cell phones to accept credit cards also were found in the vehicle. On the computers, police found programs for manufacturing and making checks, checks with different people’s names on them, and checks that had the names removed. Gonzales waived his Miranda3 rights and told officers the drugs and other property in the car belonged to him.