Opinion
NOT TO BE PUBLISHED
Superior Court No. 2004300001 County of Ventura, Bruce A. Clark, Judge
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
Hugh Lyons McCafferty appeals the judgment entered after he pleaded guilty to failure of a sex offender to file a change of address (Pen. Code, § 290, subd. (f)(1)), misdemeanor sexual battery (§ 243.4, subd. (e)(1)), and misdemeanor child annoyance (§ 647.6, subd. (a)). McCafferty also admitted allegations of four prior serious felony strike convictions and service of two prior prison terms (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667.5, subd. (b)). He was sentenced to a total of eight years in state prison, consisting of the upper term of three years for the section 290, subdivision (f)(1) charge, doubled for a prior strike conviction, plus one year for each of the prison priors. He was also sentenced to 180 days in jail for each of the misdemeanor counts, to be served concurrent to the prison term. The trial court struck the three remaining strike convictions in the interests of justice. (§ 1385, subd. (a); People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 531.)
Further statutory references are to the Penal Code.
On April 22, 2004, McCafferty registered as a sex offender with the Ventura Police Department as required by section 290, stating his address as 125 West Harrison Avenue. On May 17, 2004, McCafferty approached a 16-year-old sales clerk at a clothing store in the Camarillo Outlet Mall and asked her to model some dresses for him. McCafferty claimed he wanted to buy a dress for his sister, and asked the clerk to not wear a bra because he had no intention of buying one. As the victim was modeling one of the dresses, McCafferty placed his fingers under the shoulder straps of the dress and slid his hands down the front, touching the victim's breasts and nipples. McCafferty had deliberately stood in a position that blocked the surveillance camera as well as the victim's exit from the changing rooms. McCafferty left the store after the victim locked herself in the changing room.
McCafferty proceeded to another clothing store in the mall and asked a 50-year-old sales clerk to model a dress he purportedly intended to buy for his girlfriend. As the victim did so, McCafferty placed his hands on the shoulder strap and began to run his fingers along the side of the strap. The victim pushed his hand away, but agreed to try on another dress. When she returned in the other dress, McCafferty placed his fingers along the inside of the shoulder straps and touched the victim's breasts. After the victim pushed McCafferty's hands away and told him that his gesture was unwelcome, he told her he would be back later to purchase the dresses and left the store. A few minutes later, he returned with two cups of coffee from a nearby Starbucks and then left again.
Both of the victims subsequently identified McCafferty from a photographic lineup. Attempts to contact him at his residence were unsuccessful. When the manager of the halfway house where McCafferty had been living called him on his cell phone, McCafferty said he was "on the run" because he "did not want the hassle of talking with the cops." Warrants were issued for his arrest.
On June 2, 2004, McCafferty was observed weaving into oncoming traffic on Highway 101 in Oregon. A registration check revealed an outstanding parole warrant. When the police attempted to effect a traffic stop with their emergency lights and siren, McCafferty sped away and eventually crashed his car. He was transported to the hospital for treatment and was subsequently charged with attempting to elude the police and reckless driving. Due to a clerical error, however, he was released from custody and left the state.
On November 18, 2005, McCafferty was apprehended in Las Vegas, Nevada. He was returned to Ventura County on the outstanding warrants on December 4, 2005.
We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On July 6, 2007, we advised McCafferty that he had 30 days in which to submit a written brief or letter raising any contentions or arguments he wished us to consider. He did not respond.
We have examined the entire record. We are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.) The judgment is affirmed.
We concur: YEGAN, Acting P.J., COFFEE, J.