Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, Stephanie Sontag, Judge. Super. Ct. No. SCD 188331
NARES, Acting P. J.
Anthony Russell West pleaded guilty to one count of failing to register as a sex offender (Pen. Code, § 290, subd. (g)(2)), and admitted two prior strike convictions (§ 667, subds. (b) - (i)). On March 4, 2005, the trial court struck the two prior strike convictions and placed West on probation for a term of three years on the condition, among others, that he serve one year in the county jail and remain law abiding.
All statutory references are to the Penal Code.
On November 17, 2006, West admitted he had violated the terms of his probation, and the court formally revoked probation and sentenced him to a prison term of 16 months for failing to register as a sex offender.
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred. West was released from prison on November 28, 2004, and immediately met with his parole office and registered as a sex offender. West's next birthday was January 4, 2005. He failed to re-register as a sex offender on his birthday, as required by law. Sixteen days later, West was arrested at his residence without incident.
The court sentenced West to a three-year term of probation conditioned on his serving one year in county jail. On November 3, 2006, the court summarily revoked his probation. West admitted he had violated the conditions of his probation by not remaining law abiding. The court formally revoked West's probation and sentenced him to the low prison term of 16 months in prison.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether West's due process rights were satisfied at the probation revocation proceedings; and (2) whether West initially pled guilty to a violation of the wrong penal code section.
We granted West permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented West in this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, J., IRION, J.