Opinion
D061697
10-09-2012
THE PEOPLE, Plaintiff and Respondent, v. JESUS ARMANDO FLORES, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. SCN296801)
APPEAL from a judgment of the Superior Court of San Diego County, Harry M. Elias, Judge. Affirmed.
Jesus Armando Flores was convicted by a jury of failure to register as a sex offender. (Pen. Code, § 290.018, subd. (b).) He waived jury trial on and admitted allegations of a prison prior (§ 667.5) and a prior strike conviction (§ 667, subds. (b)-(i)). The court sentenced him to a prison term of four years, the midterm doubled; execution of sentence for the prison prior was stayed. Flores appeals. We affirm the judgment.
All statutory references are to the Penal Code.
FACTS
In 2001 Flores pleaded guilty to the offense of forcible rape and was sentenced to 10 years in prison. At the time he pleaded guilty he was advised in English and Spanish that on his release from prison he would be required to register as a sex offender. In 2010, prior to release from prison, he was again advised in English and Spanish of his obligation to register as a sex offender. On his release from prison he was deported to Mexico. Flores shortly thereafter returned to the United States and lived with relatives and others in Escondido, California. He did not register as a sex offender after his return to Escondido.
At trial Flores conceded all elements of the charged offense of not registering as a sex offender in Escondido after he returned from Mexico with the exception that his failure to register was not willful. He contended that because of the language barrier he was not adequately advised in Spanish of the registration requirements and not registering was the result of his justifiable ignorance of the legal requirements.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to 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. Counsel mentions as possible, but not arguable, issues: (1) whether the evidence was sufficient to support the verdict; (2) whether it was unlawful not to provide Flores with a certified translation of the sex offender registration form at the time of his release from prison; and (3) whether he received ineffective assistance of counsel.
We granted Flores 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. Flores has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J. WE CONCUR: McCONNELL, P. J. HALLER, J.