Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIF131750, Richard Todd Fields, Judge.
Victoria Matthews, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster, Acting P.J.
I
INTRODUCTION
On May 7, 2009, a second amended felony complaint charged defendant and appellant Louis Nunez with failing to register as a sex offender under Penal Code section 290, subdivision (g)(2) (count 1); and failing to update his registration within five working days of his birthday under section 290, subdivision (a)(1)(D) (counts 2 & 3). The complaint also alleged that defendant had suffered four prison priors under section 667.5, subdivision (b), and two strike priors under sections 667, subdivisions (c) and (e)(2)(A), and 1170.12, subdivision (c)(2)(A).
All statutory references are to the Penal Code unless otherwise specified.
On August 13, 2009, defendant pled guilty to all counts and admitted all allegations after the court gave an indicated sentence of eight years.
On November 6, 2009, the trial court struck one of defendant’s two strike priors under section 1385, and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and sentenced defendant as follows: the middle term of two years, doubled under the strike prior, for a total of four years for count 1, and the middle term of two years, doubled under the strike prior, for a total of four years for counts 2 and 3, to run concurrently to count 1, plus one consecutive year for each of defendant’s four prison priors, for a total aggregate sentence of eight years in state prison.
The trial court also ordered defendant to pay a $90 court security fee (Pen. Code, § 1465.8, subd. (a)); a $200 restitution fine (Pen. Code, § 1202.4); a $200 parole revocation fine, which was suspended unless parole is revoked (Pen. Code, § 1202.4); and a criminal assessment fee of $90 (Gov. Code, § 70373).
Furthermore, defendant received 394 actual and 196 conduct days of credit for a total of 590 days of credit for time served.
On November 12, 2009, defendant filed his notice of appeal from the guilty plea. Defendant did not file a request for certificate of probable cause.
II
The trial court found that the factual basis for the guilty plea “is based on Complaint.”
On or about October 28, 2005, defendant, who had been previously convicted of sodomy in concert by means of force under section 286, subdivision (d), willfully and unlawfully failed to register as a sex offender as required under section 290, subdivision (g)(2).
Moreover, in December 2005, and again in December 2006, defendant failed to update his sex offender registration with law enforcement within five working days of his birthday following registration or change of address, as required under section 290, subdivision (a)(1)(D).
III
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
IV
DISPOSITION
The judgment is affirmed.
We concur: Richli J., Miller J.