Opinion
NOT TO BE PUBLISHED
Sup.Ct. No. CRF02283
MORRISON, J.
Defendant Luis Anthony Aguilar entered a plea of no contest to sexual battery, a felony (Pen. Code, § 243.4; undesignated section references are to this code), and annoying or molesting a child under the age of 18, a misdemeanor (§ 647.6, subd. (a)), in exchange for no immediate state prison time and dismissal of the remaining counts with a Harvey waiver and two other actions. The trial court suspended imposition of sentence and placed defendant on five years formal probation on conditions, among others, that he serve 90 days in county jail, with credit for 45 days (31 actual and 14 good conduct), obey all laws, successfully complete a sex offender treatment program and a drug and alcohol treatment program, submit to drug and alcohol testing and have no contact with and stay away from the victims. The court imposed a $200 restitution fine (§ 1202.4, subd. (b)), plus a 10 percent collection fee (id., subd. (l)), and a $200 sex offender fine (§ 290.3) and ordered defendant pay $200 for attorney fees (§ 987.8), $370 for the preparation of his probation report (§ 1203.1b), $20 per month for probation services (ibid.), four $43.50 booking fees (Gov. Code, § 29550.2), $5 for each drug test (§ 1203.1b) and medical costs incurred while incarcerated (§ 4011). The court also ordered defendant to register as a sex offender (§ 290).
People v. Harvey (1979) 25 Cal.3d 754.
Defendant later admitted violating the conditions of his probation by failing to (1) enroll in an alcohol and drug abuse treatment program, (2) enroll in sex offender counseling, (3) submit to drug and alcohol testing and (4) register as a sex offender. The trial court terminated probation and sentenced defendant to the middle term of three years for sexual battery and a concurrent one year in county jail for annoying or molesting a child under the age of 18, with credit for 138 days (92 actual custody and 46 days good conduct). The court confirmed the previously imposed restitution and sex offender fines, imposed a $200 parole revocation fine (§ 1202.45) and a $20 court security fee (§ 1465.8) and again ordered defendant to register as a sex offender and provide samples. The court also ordered that there be no visitation between defendant and the victims absent a court order. (§ 1202.05.)
Defendant appeals. He failed to obtain a certificate of probable cause. (§ 1237.5.)
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 that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: SCOTLAND , P.J., ROBIE , J.