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People v. Broussard

California Court of Appeals, Fourth District, First Division
Jan 9, 2008
No. D050716 (Cal. Ct. App. Jan. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MICHAEL R. BROUSSARD, Defendant and Appellant. D050716 California Court of Appeal, Fourth District, First Division January 9, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County Nos. SCD204237, SCE263036, Robert F. O'Neill, Judge.

McDONALD, J.

Michael R. Broussard pleaded guilty in case No. SCE263036 to one count of failing to register as a sex offender (Pen. Code, § 290, subd. (g)(2)) and admitted one prior strike conviction allegation (§§ 667, subds. (b)-(i), 668, 1170.12) for a 1999 conviction for assault with the intent to commit rape (§ 220), and one prior prison term allegation (§§ 667.5, subd. (b), 668). The court dismissed the prior strike conviction allegation and granted Broussard three years' probation.

Statutory references are to the Penal Code.

Broussard pleaded guilty in case No. SCD204237 to one count of failing to register as a sex offender, and admitted one prior strike conviction allegation and that he was in violation of probation in case No. SCE263036. The court sentenced him to state prison for 32 months: the low term of 16 months doubled under the three strikes law. (§ 1170.12.) The court revoked probation in case No. SCE263036 and sentenced Broussard to state prison for 28 months: the low term of 16 months plus 12 months for the prior prison term. (§ 290, subd. (g)(2).) The sentence in case No. SCE263036 was ordered to run concurrent with the sentence in case No. SCD204237.

Broussard appeals. We affirm the judgment.

FACTS

In case No. SCE263036, Broussard failed to register as a sex offender within five days of his birthday. In case No. SDC204237, Broussard failed to register as a sex offender after changing his address.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists as possible but not arguable issues whether: (1) Broussard's guilty plea was constitutionally valid; (2) the court properly complied with the procedural requirements of probation revocation; and (3) Broussard was sentenced in accordance with his guilty plea and probation violation admission.

We granted Broussard permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Broussard has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed..

WE CONCUR: HUFFMAN, Acting P. J., HALLER, J.


Summaries of

People v. Broussard

California Court of Appeals, Fourth District, First Division
Jan 9, 2008
No. D050716 (Cal. Ct. App. Jan. 9, 2008)
Case details for

People v. Broussard

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL R. BROUSSARD, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jan 9, 2008

Citations

No. D050716 (Cal. Ct. App. Jan. 9, 2008)