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The People v. John Robert Giltner

January 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOHN ROBERT GILTNER, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 09F08814, 10F00844, 10F01638)

The opinion of the court was delivered by: Butz J

P. v. Giltner

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant John Robert Giltner was convicted by his no contest pleas in two Sacramento County cases. His ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. We find no concerns regarding presentence credits; however, there is an error in the judgment in that defendant should have been ordered to pay a total of $90 for court security fees in Sacramento County case No. 09F08814 pursuant to Penal Code section 1465.8. We shall modify the judgment accordingly.

Pursuant to Kelly, we provide a summary of the offenses and the proceedings in the trial court.

I.

Sacramento County Case No. 09F08814

On November 30, 2009, while driving a car, defendant attempted to evade a police officer. At least one red light on the officer's vehicle was activated as well as the siren. In his effort to evade the officer, defendant drove his vehicle with wanton disregard for the safety of others. That same day, defendant transported a usable quantity of methamphetamine.

Defendant was arrested and charged in case No. 09F08814 with willfully evading a pursuing peace officer's motor vehicle with wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)--count one); carrying a dirk or dagger concealed upon his person (Pen. Code, § 12020, subd. (a)--count two); possessing methamphetamine for the purpose of sale (Health & Saf. Code, § 11378--count three); transporting methamphetamine (Health & Saf. Code, § 11379--count four); possession of a sawed-off shotgun (Pen. Code, § 12020, subd. (a)--count five); being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)--count six); driving under the influence of drugs and/or alcohol (Veh. Code, § 23152, subd. (a)--count seven); and being a felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1)--count eight). It was further alleged defendant was previously convicted of a serious or violent felony. (Pen. Code, §§ 1192.7, subd. (c), 667, subds. (b)-(i) & 1170.12.)

Sacramento County Case No. 10F00844

While out on bail in case No. 09F08814, defendant was found in possession of methamphetamine for the purpose of sale. Defendant was charged in case No. 10F00844 with possessing methamphetamine for the purpose of sale. (Health & Saf. Code, § 11378.) It was further alleged that defendant committed the crime while he was out on bail (Pen. Code, § 12022.1) and defendant was previously convicted of a ...


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