P. v. Gonsalves

Filed 2/22/07  P. v. Gonsalves CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

            Jerry R. Gonsalves pled guilty to possessing methamphetamine (Health & Saf. Code, §  11377, subd. (a)) and was referred to a drug treatment program under Penal Code section  1210 et seq. (Proposition 36).  After Gonsalves admitted three successive violations of drug-related conditions of his probation, the court sentenced him to one year in county jail.  On appeal, his court-appointed counsel has briefed no issues and asks this court to review the record as required by People v. Wende (1979) 25 Cal.3d 436.  We have done so, and finding no issues that merit briefing, affirm the judgment.

            On August 2, 2005, officers with the Sonoma County Sheriff's Department transported Mark Moore to Gonsalves's residence in an effort to confirm Moore's identity.[1]  While the officers were in front of the residence, Gonsalves arrived driving a vehicle with no front license plate.  Gonsalves reported that his license was suspended, which the officers confirmed.  The officers cited Gonsalves for driving with a suspended license, for having no front license plate, and for failing to have proof of insurance.

            During an inventory search of Gonsalves's vehicle, the officers found a plastic bindle containing methamphetamine and two fraudulent bills.  Gonsalves was placed under arrest and advised of his Miranda rights.  Gonsalves admitted he had paid $120 for the seized methamphetamine, which had a gross weight of 7.3 grams. 

            A complaint filed on October 6, 2005, charged Gonsalves with one felony count of methamphetamine possession, in violation of Health and Safety Code section  11377, subdivision (a).  On December 9, 2005, Gonsalves waived his right to a preliminary hearing and entered a guilty plea.  The court placed Gonsalves on formal probation for three years and referred him to a drug treatment program pursuant to Proposition 36 (Pen. Code, §  1210 et seq.).

            At a hearing on January 4, 2006, the People asserted that Gonsalves had failed to report for a test as required by the terms of his probation, although they agreed not to claim a violation of his probation â€