Filed 9/14/15 P. v. Galaviz CA4/1
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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
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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.
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