People v. Galley CA3

Filed 5/10/16 P. v. Galley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE,

Plaintiff and Respondent, C078824

v. (Super. Ct. Nos. 62122897, 62124820, 62128294) ANTHONY JAMES GALLEY,

Defendant and Appellant.

Appointed counsel for defendant Anthony James Galley has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we order a correction to the abstract of judgment to reflect the victim restitution awards in case No. 62-124820 and affirm the judgment. 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.)

1

On May 27, 2013, defendant twice entered a Kaiser Permanente building, taking two trash cans full of property. He left a duffle bag of burglary tools behind. Defendant was charged in case No. 62-122897 with two counts of second degree commercial burglary and one count of possession of burglary tools. (Pen. Code, §§ 459, 466.)1 On July 13, 2013, defendant entered a school building and took a camera worth $3,000. On July 29, 2013, defendant entered a personal residence and took several items, including a laptop computer, a rifle, a new television still in its box, and a check -- that defendant later cashed. Defendant was charged in case No. 62-124820 with nine counts: (1) first degree burglary (§ 459), (2) possession of a firearm by a felon (§ 29800, subd. (a)(1)), (3) grand theft firearm (§ 487, subd. (d)(2)), (4) two counts of felony grand theft (§ 487, subd. (a)), (5) receiving stolen property (§ 496, subd. (a)), (6) two counts of identity theft (§ 530.5, subd. (a)), and (7) forgery (§ 476). It was further alleged defendant had committed the grand theft offense while released on bail or on his own recognizance within the meaning of section 12022.1. On December 11, 2013, defendant broke into a car and stole a bag containing a firearm and a wallet. Defendant thereafter attempted to make purchases using the Home Depot credit card that was in the wallet. Defendant was charged in case No. 62-128294 with six counts: (1) possession of a firearm by a felon (§ 29800, subd. (a)(1)), (2) second degree burglary of a vehicle (§ 459), (3) identity theft (§ 530.5), (4) two counts of second degree commercial burglary (§ 459), and (5) grand theft firearm (§ 487, subd. (d)(2)). It was further alleged defendant committed the grand theft firearm offense while released on bail or on his own recognizance within the meaning of section 12022.1. On January 27, 2015, defendant pleaded no contest in case No. 62-122897 to second degree commercial burglary (§ 459). Defendant also pleaded no contest in case