Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SF104066A
SIMS, Acting P. J.Police arrested 19-year-old defendant Alexsandro Alberto Rodriguez after finding him in the back seat of a parked car with a 10-year-old girl with whom he had just had sexual intercourse. Defendant pled guilty to committing a lewd act upon a child (Pen. Code § 288, subd. (a)) and admitted he engaged in substantial sexual conduct--vaginal penetration with a penis--with a child under the age of 14 (Pen. Code § 1203.006, subd. (a)(8)). The court sentenced defendant to the middle term of six years in state prison, imposed fees and fines (reserving jurisdiction over the issue of victim restitution), and ordered defendant to register as a sex offender (Pen. Code § 290). The court awarded defendant 196 actual days of custody credit plus 30 days of conduct credit for a total of 226 days of presentence custody credit. Defendant filed a timely notice of appeal.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
The recent amendments to Penal Code section 4019 do not operate to modify defendant’s entitlement to credit, as he was required to register as a sex offender. (Pen. Code, section 4019, subds. (b) and (c); Stats. 2009, 3d Ex. Sess., ch. 28, § 50.)
DISPOSITION
The judgment is affirmed.
We concur: RAYE, J. CANTIL-SAKAUYE, J.