From Casetext: Smarter Legal Research

People v. McInerney

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Oct 12, 2018
B288898 (Cal. Ct. App. Oct. 12, 2018)

Opinion

B288898

10-12-2018

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TRAVIS McINERNEY, Defendant and Appellant.

Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. SA096277) APPEAL from judgments of the Superior Court of Los Angeles County. William L. Sadler, Judge. Affirmed. Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

____________________

Defendant and appellant Michael Travis McInerney plead no contest to felony failure to register as a sex offender in violation of Penal Code section 290.012, subdivision (a). The trial granted probation and imposed a sentence of 312 days in county jail.

A charge of misdemeanor failure to register as a transient in violation of Penal Code section 290.011, subdivision (a) was dismissed per plea agreement.

Defendant filed a notice of appeal from the judgment after a guilty plea and checked the boxes on the appeal form indicating the appeal was based on the sentence or other matters occurring after the plea, a challenge to the validity of the plea agreement, and "other" bases. We appointed counsel for defendant on appeal. On August 20, 2018, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but asking this court to independently review the record for error.

In reference to the "other" bases, defendant claimed that he did not violate Penal Code section 290.112, subdivision (a), because he was arrested before the time to register expired.

We advised defendant on August 21, 2018, of his right to file a brief or letter containing any issues he wishes this court to consider. No response has been received to date.

We have examined the entire record and find no arguable issues on appeal. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment is affirmed.

MOOR, J. We concur:

BAKER, Acting P.J.

SEIGLE, J.

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------


Summaries of

People v. McInerney

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Oct 12, 2018
B288898 (Cal. Ct. App. Oct. 12, 2018)
Case details for

People v. McInerney

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TRAVIS McINERNEY…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Oct 12, 2018

Citations

B288898 (Cal. Ct. App. Oct. 12, 2018)