People v. Contreras CA5

Filed 1/30/15 P. v. Contreras 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F067905

v. (Super. Ct. No. VCF273928B)

RICHARD GALINDO CONTRERAS, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. H.N. Papadakis, Judge. John L. Staley, 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., Cornell, J., and Detjen, J.

Appellant, Richard Galindo Contreras, pled guilty in case No. VCF273928B to possession for sale of a controlled substance (Health & Saf. Code, § 11351)1 and possession of drug paraphernalia (§ 11364.1, subd. (a)) and admitted six prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) and allegations that he had a prior conviction within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)). In case No. PRCS000378 Contreras admitted that he violated the terms of his Post- Release Community Supervision. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On November 8, 2011, Contreras was released from Pelican Bay State Prison on Post-Release Community Supervision. On February 17, 2012, Contreras failed to report to probation as instructed. On February 21, 2012, Contreras provided a urine sample that tested positive for opiates. On September 28, 2012, at approximately 11:47 a.m., officers from the Visalia Police Department and the TARGET drug task force went to Contreras’s residence to serve a search warrant. After knocking on the door and receiving no answer the officers forced entry into the house and in the front room encountered Contreras’s father, who was confined to a wheelchair. The officers searched the house and detained Contreras and codefendant, Willie Champion, in a bathroom. During a visual inspection of Contreras’s bedroom officers found two syringes, each containing a heroin solution that was ready to be injected. When asked if there were any other illegal items in the bedroom Contreras stated that everything was in a green