People v. Gallow CA3

Filed 2/4/15 P. v. Gallow CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento)

THE PEOPLE, C076677

Plaintiff and Respondent, (Super. Ct. No. 12F07160)

v.

STEVEN LAWRENCE GALLOW,

Defendant and Appellant.

Appointed counsel for defendant Steven Lawrence Gallow has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant was charged by consolidated information with theft of a vehicle (Veh. Code, § 10851, subd. (a)--count one), receipt of stolen property (Pen. Code, § 496d, subd.

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(a)--count two),1 misdemeanor possession of burglary tools (§ 466--count three), four counts of driving under the influence (Veh. Code, §§ 23152, subds. (a) & (b), 23550.5-- counts four, nine, ten, & thirteen), two counts of driving a motor vehicle on a suspended license (Veh. Code, § 14601.2, subd. (a)--counts five & twelve), misdemeanor being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)-- count six), possession of a controlled substance, methamphetamine, for sale (Health & Saf. Code, § 11378--count seven), unlawful possession of ammunition (§ 30305, subd. (a)(1)--count eight), evasion of a police officer (Veh. Code, § 2800.1, subd. (a)--count eleven), possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)--count fourteen), misdemeanor use of force or violence on a peace officer (§ 243, subd. (c)(1)--count fifteen), and misdemeanor resisting lawful detention or arrest by false representation (§ 148.9, subd. (a)--count sixteen). The information alleged that, as to counts eight, nine, and ten, defendant committed the charged offenses while released from custody on bail or his own recognizance before final judgment on a prior felony (§ 12022.1) and, as to counts four, nine, ten, and thirteen, defendant had two prior convictions for violating Vehicle Code section 23152, subdivisions (a) and (b). Defendant pleaded no contest to counts four through sixteen and admitted the special allegations in exchange for dismissal of the balance of charges against him. The factual basis to substantiate the plea is as follows:2 Count four: On October 22, 2012, defendant drove a vehicle while under the influence of Diazepam, Nordiazepam, Delta-9-THC, and methamphetamine, which did influence his ability to safely operate the vehicle. Defendant did this while having two