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People v. Guerra

California Court of Appeals, Fourth District, First Division
Jun 12, 2008
No. D051604 (Cal. Ct. App. Jun. 12, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RAYMOND GUERRA, Defendant and Appellant. D051604 California Court of Appeal, Fourth District, First Division June 12, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCD203929, Margie G. Woods, Judge.

HALLER, Acting P.J.

Raymond Guerra was charged with one count of failure to register as a sex offender (Pen. Code, § 290, subd. (g)(2)). The information further alleged that appellant suffered one prior conviction and prison commitment (§ 667.5, subd. (b)) and one strike prior (§§ 667, subds. (b)-(i), 1170.12). Appellant pled not guilty and denied the special allegations. At a readiness conference, Guerra made a Marsden motion, which the court (Judge Danielsen) denied. Approximately two weeks later, Guerra waived jury after being properly admonished of his constitutional rights. Judge Woods found him guilty of failing to register as a sex offender as required by law within five working days of his release from custody. The court also found true both the prison prior and the strike prior. At sentencing, Judge Woods struck both the prison prior and strike prior and sentenced him to two years in prison.

FACTS

On November 13, 2006, Guerra was released from Donovan State Prison on parole. On November 14, he met with his parole officer, Joe Estrada, who had previously been his parole officer. According to Estrada, Guerra, whom he knew to be familiar with the registration procedures, had no questions.

On November 18, Estrada went to the Christian home to conduct a home visit and learned that Guerra was not living there. Estrada confirmed that Guerra had not registered by November 20 and recommended that his parole be suspended and that a warrant issue. Approximately six weeks later Officer Joseph Juarez observed what he thought was a minor traffic accident in a parking lot at UCSD and contacted Guerra, the driver of the car. Upon further investigation, Juarez learned of the pending warrant. While transporting Guerra to the police station, Guerra commented that he knew about his obligation to register In a follow-up investigation, Detective James Ryan confirmed that Guerra had registered with the police department on six prior occasions and that each time he had signed a form recognizing his obligation to register within five days of his release from custody The last time Guerra had registered was September 6, 2005. He admitted he knew he had to register, but did not do so because he was homeless.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence and procedures in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. We granted Guerra 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, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Guerra on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McINTYRE, J., O'ROURKE, J.


Summaries of

People v. Guerra

California Court of Appeals, Fourth District, First Division
Jun 12, 2008
No. D051604 (Cal. Ct. App. Jun. 12, 2008)
Case details for

People v. Guerra

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RAYMOND GUERRA, Defendant and…

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

Date published: Jun 12, 2008

Citations

No. D051604 (Cal. Ct. App. Jun. 12, 2008)