Filed 5/18/15 P. v. Galaviz CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D066519
Plaintiff and Respondent,
v. (Super. Ct. No. PLAR8825)
MICHAEL GALAVIZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Desiree A.
Bruce-Lyle, Judge. Affirmed.
Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Michael Galaviz was convicted in 2013 of felony vandalism (Pen. Code,1 § 594,
subd. (b)(1)). Galaviz had a prior conviction for indecent exposure (§ 314, subd. 1) and
was required to register pursuant to section 290. He was released on parole in 2014
subject to a number of conditions.
1 All further statutory references are to the Penal Code unless otherwise specified.
On July 25, 2014 parole authorities filed a parole violation report alleging Galaviz
used and possessed alcohol; loitered near where children congregated including day care
centers, schools, and parks; and possessed pornography. The agent petitioned the court to
revoke parole.
Galaviz, who was represented by counsel, signed a parole revocation
recommendation and waiver form in which he waived his right to contest the alleged
violations. In the form, Galaviz accepted the agent's recommendation for a 135-day
return to custody.
Galaviz has appealed the revocation of his parole and return to custody.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende) indicating she has been unable to identify any reasonably arguable
issue for reversal on appeal. Counsel asks this court to review the record for error as
required by Wende. We offered Galaviz the opportunity to file his own brief on appeal,
but he has not responded.
STATEMENT OF FACTS
On July 17, 2014 a parole agent contacted Galaviz at the intersection of Union
Street and West Harbor Street. Galaviz told the agent he had consumed a beer. A search
of his belongings produced the remainder of a six pack of beer.
The location where Galaviz was sitting was within 250 feet of the Children's
Museum and children were playing on the nearby playground.
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A search of Galaviz's person produced a thumb drive containing nude pictures of
teenage girls as well as adult women. Galaviz was then arrested for the alleged
violations.
DISCUSSION
As we have indicated, appellate counsel has filed a brief pursuant to Wende, supra,
25 Cal.3d 436, requesting this court to review the record for error. To assist this court in
its review, and in accordance with Anders v. California (1967) 386 U.S. 738 (Anders),
counsel has identified the following possible, but not reasonably arguable issue:
Whether the parole conditions, which were the basis of the revocation, were valid
conditions of parole that were reasonably related to his commitment offense and/or the
prevention of future criminality?
We have reviewed the entire record for error pursuant to Wende, supra, 25 Cal.3d
436 and Anders, supra, 386 U.S. 738. We have not identified any reasonably arguable
issue for reversal on appeal. Competent counsel has represented Galaviz on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
NARES, J.
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