People v. Galaviz CA4/1 ( 2015 )


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  • Filed 9/14/15 P. v. Galaviz CA4/1
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
    COURT OF APPEAL, FOURTH APPELLATE DISTRICT
    DIVISION ONE
    STATE OF CALIFORNIA
    THE PEOPLE,                                                        D067176
    Plaintiff and Respondent,
    v.                                                         (Super. Ct. No. PLAR8825)
    MICHAEL GALAVIZ,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of San Diego County, Margie G.
    Woods, Judge. Affirmed.
    Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and
    Appellant.
    No appearance for Plaintiff and Respondent.
    Defendant Michael Galaviz appeals the decision of the trial court entered
    November 3, 2014, revoking and reinstating his parole, subject to the condition he serve
    180 days in custody, after he had been arrested for indecent exposure. Appellate counsel
    has filed a brief pursuant to People v. Wende (1979) 
    25 Cal.3d 436
     (Wende) and Anders
    v. California (1967) 
    386 U.S. 738
     (Anders) stating counsel is unable to find any arguable
    issues for reversal on appeal. Counsel requests this court to review the record for error as
    required by Wende.
    FACTS AND PROCEDURAL BACKGROUND
    Galaviz was on parole for a vandalism conviction (Pen. Code, § 594, subd. (b)(1))
    when he was arrested on September 30, 2014, for indecent exposure, in violation of Penal
    Code section 314, subdivision 1 and of the terms and conditions of his parole. An
    evidentiary hearing was held on the alleged parole violation on November 3, 2014. The
    court found Galaviz violated the law by committing indecent exposure, and revoked and
    reinstated parole subject to 180 days of incarceration in jail, with custody credits of 69
    days. Galaviz filed his notice of appeal from this order on November 12, 2014.
    The complaining witnesses, Messrs. Delhoyo and Naughten, were employed as
    loss prevention officers at a Walmart store when they saw Galaviz acting suspiciously
    inside the store. When Galaviz was in the ladies department, he took his penis out of his
    pants and "gently stroke[d] it a little bit." His penis was exposed for 15 to 20 seconds.
    Naughten and Delhoyo were watching (through a surveillance camera) when Galaviz
    exposed himself and Delhoyo was offended by Galaviz's exposure and conduct.
    DISCUSSION
    As we have previously noted, appellate counsel has filed a brief pursuant to
    Wende, supra, 
    25 Cal.3d 436
    , indicating counsel was unable to find any arguable issues
    for reversal on appeal and asks this court to review the record for error as mandated by
    Wende. As required by Anders, 
    supra,
     
    386 U.S. 738
    , appellate counsel has set forth one
    2
    possible, but not arguable, issue: Whether there is sufficient evidence to meet the
    prosecutor's burden to prove the parole violation when the only persons who witnessed
    the exposure viewed it through a surveillance security camera rather than in person.
    We granted Galaviz permission to file a supplemental brief on his own behalf, but
    he has not responded. We have reviewed the entire record as mandated by Wende, supra,
    
    25 Cal.3d 436
     and Anders, 
    supra,
     
    386 U.S. 738
     and have not discovered any reasonably
    arguable issues for reversal on appeal. Competent counsel has represented Galaviz on
    this appeal.
    DISPOSITION
    The order is affirmed.
    McDONALD, J.
    WE CONCUR:
    McCONNELL, P. J.
    NARES, J.
    3
    

Document Info

Docket Number: D067176

Filed Date: 9/14/2015

Precedential Status: Non-Precedential

Modified Date: 4/17/2021