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People v. Henry

California Court of Appeals, Third District, Sacramento
Apr 27, 2009
No. C060381 (Cal. Ct. App. Apr. 27, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ROBERT HENRY, Defendant and Appellant. C060381 California Court of Appeal, Third District, Sacramento April 27, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 08F06021

BUTZ, J.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment.

Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d at pp. 441-442.) 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 have elapsed, and we have received no communication from defendant.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

Defendant Robert Henry was required to register as a sex offender pursuant to Penal Code section 290 due to his 1986 Kansas felony conviction for indecent liberties with a child. Between July 7 and July 23, 2008, defendant failed to report his change of address within five days as required by section 290, subdivision (b).

Undesignated statutory references are to the Penal Code.

Defendant pleaded no contest to failing to register as a sex offender (§§ 290, 290.018, subd. (b)), admitted having a prior serious felony conviction (§ 667, subds. (b)-(i)), and agreed to a sentence of 32 months in state prison (the low term doubled pursuant to the three strikes law). He waived a probation report and was sentenced consistent with his plea, with orders that he pay a $200 restitution fine (§ 1202.4, subd. (b)), pay an additional $200 restitution fine, suspended unless parole was revoked (§ 1202.45), and pay a $20 court security fee. He was awarded 66 days of credit for time served.

Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)

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: RAYE, Acting P. J., CANTIL-SAKAUYE, J.


Summaries of

People v. Henry

California Court of Appeals, Third District, Sacramento
Apr 27, 2009
No. C060381 (Cal. Ct. App. Apr. 27, 2009)
Case details for

People v. Henry

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBERT HENRY, Defendant and…

Court:California Court of Appeals, Third District, Sacramento

Date published: Apr 27, 2009

Citations

No. C060381 (Cal. Ct. App. Apr. 27, 2009)