Opinion
C057382
9-4-2008
THE PEOPLE, Plaintiff and Respondent, v. OSCAR CLAYBORNE LEE, Defendant and Appellant.
Not to be Published
Defendant Oscar Clayborne Lee entered a negotiated plea of no contest to failure to register as a sex offender within five working days of his birthday (former Pen. Code, § 290, subds. (a)(1)(D), (g)(2); Stats. 2006, ch. 337, § 11 [now Pen. Code, §§ 290.012, subd. (a), 290.018, subd. (b); Stats. 2007, ch. 579, §§ 20, 26]) and admitted a strike prior [1993 conviction for continuous sexual abuse of a child (Pen. Code, § 288.5)] (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) in exchange for a state prison term of 32 months, that is, the low term of 16 months, doubled, and the termination of probation and dismissal of case Nos. 04F10141, 06F02363 and 06M08221. The court sentenced defendant to state prison for the low term, doubled for the strike prior, for a total term of 32 months.
Defendant appeals. The trial court granted defendants request for a certificate of probable cause (Pen. Code, § 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.
On January 9, 2007, Sacramento Police Detective Schindler conducted a random audit of registered sex offenders and learned that defendant, who was born on December 2, 1958, had last registered with the local police on November 29, 2005. Defendant was required to register annually on his birthday, but had failed to register in 2006.
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:
DAVIS, Acting P.J.
NICHOLSON, J.