People v. Galvan CA3

Filed 4/13/15 P. v. Galvan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076388

Plaintiff and Respondent, (Super. Ct. Nos. 13F05132, 14F00310, 14F00535) v.

CHAD A. GALVAN,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we will modify the judgment to include the mandatory criminal laboratory analysis fee required by Health and Safety Code section 11372.5, and mandatory penalty assessments required by Penal Code section 1464 and Government Code section 76000. Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment as modified.

1

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.) FACTUAL AND PROCEDURAL BACKGROUND The Charges and Allegations Case No. 13F05132 Defendant was charged by criminal complaint in case No. 13F05132 with felony possession of a controlled substance (Health & Saf. Code § 11377, subd. (a) -- count one), misdemeanor possession of narcotics paraphernalia (former Health & Saf. Code, § 11364.1, subd. (a) -- count two), and misdemeanor obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) -- count three). The complaint alleged defendant sustained three prior serious or violent felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i), and 1170.12. Case No. 14F00310 Defendant was charged by amended criminal complaint in case No. 14F00310 with felony petty theft with a prior theft related conviction. (Pen. Code, § 666.) The amended complaint alleged defendant was on bail at the time of commission of the offense (former Pen. Code, § 12022.1), and that he sustained three prior serious or violent felony convictions. (Pen. Code, §§ 667, subd. (e)(2)(C), and 1170.12, subd. (c)(2)(C).) Case No. 14F00535 Defendant was charged by criminal complaint in case No. 14F00535 with two counts of felony failure to register as a sex offender (Pen. Code, § 290.018, subd. (b) -- counts one and two). The complaint alleged defendant sustained two prior serious or violent felony convictions. (Pen. Code, §§ 667, subds. (b) through (i), and 1170.12.) The Plea and Sentencing Defendant entered a negotiated plea of no contest to possession of a controlled substance (case No. 13F05132), petty theft with a prior theft related conviction (case No. 14F00310), and failure to register as a sex offender (case No. 14F00535), all