People v. Galloway CA4/3

Filed 3/2/16 P. v. Galloway CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051989

v. (Super. Ct. No. 06CF3551)

TIMOTHY JAMES GALLOWAY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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An information charged defendant Timothy James Galloway with residential burglary (Pen. Code, §§ 459, 460, subd. (a), count 1, all further references are to this code); and further alleged he had suffered two prior strike convictions (§§ 667, subds. (d), (e)(2)(a), 1170.12, subds. (b), (c)(2)(A)), two prior serious felony convictions (§ 667, subd. (a)(1), and three prison prior convictions (§ 667.5, subd. (b)). On May 21, 2015, in a disposition negotiated with the prosecution, Galloway pleaded guilty to count 1 and admitted all of the prior conviction allegations. Paragraph 29 of the guilty plea form states: “In Orange County, California, on June 24, 2006 I willfully & unlawfully entered an inhabited dwelling house, inhabited by K. Fennstra with the intent to commit larceny.” As agreed in the guilty plea form, the court sentenced Galloway to a total prison term of five years, to be served concurrent with a previously imposed sentence in another case; and awarded two days of presentence credit. The court also granted the prosecution’s motion to dismiss the prior strike convictions, the prior serious felony convictions, and one of the three prison prior convictions. Galloway filed a timely notice of appeal from “the sentence or other matters occurring after the plea that do not affect the validity of the plea.” Nothing in the record indicates he obtained a certificate of probable cause. (§ 1237.5.) We appointed counsel to represent Galloway on appeal. Counsel filed a brief summarizing the proceedings and facts of the case and advised the court he found no arguable issues to assert on Galloway’s behalf. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) To assist us in our independent review of the record, counsel suggested we consider the issues set out below, including whether the court awarded the correct amount of presentence custody credits. Galloway filed a supplemental brief on his own behalf, which also asks us to consider whether court awarded the correct amount of presentence custody credits, based upon “his September 15, 2014 guilty plea.”