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People v. Rodriguez

California Court of Appeals, Fourth District, Second Division
Nov 26, 2008
No. E045301 (Cal. Ct. App. Nov. 26, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DAVID DIEGO RODRIGUEZ, Defendant and Appellant. E045301 California Court of Appeal, Fourth District, Second Division November 26, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of Riverside County, Super. Ct. No. RIF136772, Thomas H. Cahraman, Judge.

Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RICHLI J.

Defendant, representing himself, pled guilty to failing to register as a sex offender in violation of Penal Code section 290, subdivision (a)(1)(B). In return, the remaining allegations were dismissed, and defendant was placed on three years of formal probation on various terms and conditions. Appellate 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.

I

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged by felony complaint with failing to register as a sex offender (Pen. Code, § 290, subd. (a)(1)(B)) (count 1) and failing to inform law enforcement agency where he was last registered within five days of moving (id., subd. (f)(1)) (count 2); it was further alleged that defendant had sustained a prior prison term (Pen. Code, § 667.5, subd. (b)).

On June 11, 2007, the court granted defendant’s request to represent himself. Defendant subsequently filed two separate motions for appointment of an investigator and supporting declaration. The motions were granted. Defendant also filed a motion for discovery. The People agreed to comply with the motion. Other motions made by defendant were also granted.

On December 10, 2007, defendant filed a motion to reduce the felony charges to misdemeanors. The court read and considered the motion. Prior to the court ruling on the motion, however, defendant entered into a plea agreement.

On December 11, 2007, pursuant to the plea agreement, defendant pled guilty to failing to register as a sex offender. In return, defendant was promised three years of formal probation and the dismissal of the remaining allegation and prior prison term enhancement. Defendant was thereafter immediately sentenced in accordance with the negotiated plea agreement.

On March 4, 2008, the trial court denied defendant’s request for a certificate of probable cause.

II

DISCUSSION

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.

We have now concluded our independent review of the record and find no arguable issues.

III

DISPOSITION

The judgment is affirmed.

We concur: McKINSTER Acting P.J. KING J.


Summaries of

People v. Rodriguez

California Court of Appeals, Fourth District, Second Division
Nov 26, 2008
No. E045301 (Cal. Ct. App. Nov. 26, 2008)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAVID DIEGO RODRIGUEZ, Defendant…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Nov 26, 2008

Citations

No. E045301 (Cal. Ct. App. Nov. 26, 2008)