Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. MA041796, Steven D. Ogden, Judge.
Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ARMSTRONG, J.
Appellant Tommie Lee Finley was charged with a single count of failing to file a change of address in violation of Penal Code section 290.013, subdivision (a). It was further alleged that he had suffered ten "prison priors" within the meaning of Penal Code section 667.5, subdivision (b).
Defense counsel demurred to the charge on the grounds that appellant's registration requirement violated the prohibition against ex post facto laws, since the sex offense which triggered the registration requirement was not a "registrable" offense at the time appellant entered his guilty plea to that change. The trial court denied the request, based on People v. Castellanos (1999) 21 Cal.4th 785. Appellant then pled no contest, and was sentenced to state prison for two years. The trial court granted appellant's request for a certificate of probable cause on the grounds that the registration request violated the prohibition against ex post facto laws.
We appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On March 6, 2009, we advised appellant he had 30 days within which to file a supplemental brief. No response has been received to date.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.) Specifically, as the trial court indicated, our Supreme Court has considered and rejected the claim that "state and federal guaranties against ex post facto legislation immunized him from registration under a provision of section 290 which became effective only after he committed his offense." (In re Alva (2004) 33 Cal.4th 254, 270, citing People v. Castellanos, supra, 21 Cal.4th 785.)
DISPOSITION
The judgment is affirmed.
We concur: TURNER, P. J., MOSK, J.