Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD209051, David Danielsen, Judge.
IRION, J.
Melvin Lee Ellis pleaded guilty to failure to register as a sex offender (former Pen. Code, § 290, subd. (g)(2) , now § 290.018, subd. (b)) and admitted he had a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). At sentencing, the trial court denied Ellis's Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion to dismiss the strike allegation, and sentenced Ellis to 32 months in prison. The court selected the low term of 16 months for the failure to register count and doubled it under the Three Strikes Law.
Statutory references are to the Penal Code.
FACTS
In 1981, Ellis was convicted of oral copulation of a child under 14 years of age. (§ 288a, subd. (c).) As a result of that conviction, Ellis had a lifetime obligation to register as a sex offender. (§ 290, subd. (b).)
On September 13, 2007, San Diego police officers stopped a vehicle in which Ellis was a passenger. The officers learned that Ellis was a section 290 registrant and had an active warrant out of Oklahoma. Initially, Ellis told the officers that he had moved back from Oklahoma on August 31 and he did not re-register immediately because he planned to return to Oklahoma. Subsequently, Ellis told the officers that he took a flight to San Diego from Oklahoma on August 30 for a job interview, returned to Oklahoma the next day and drove back to San Diego, arriving by vehicle on September 6. Ellis's representations were not true; Ellis had been living in California for more than one year without registering as a sex offender.
In an interview with a probation officer, Ellis said he had returned to San Diego from Oklahoma in August 2006. Ellis further said he did not register because he did not plan to stay but to return to Oklahoma. After a month had passed and he had not returned to Oklahoma, Ellis did not know how to remedy the registration situation without getting in trouble. Ellis also said he did not want to register because he was tired of being "harassed." Ellis had had trouble securing employment because of his sex offender status.
Police arrested Ellis for failing to register within five days of moving. (§ 290, subd. (b).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable, issue: whether the trial court abused its discretion by denying Ellis's motion to dismiss his prior strike allegation.
We granted Ellis 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 referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Ellis on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P. J., NARES, J.