P. v. Fidler

Filed 7/17/07 P. v. Fidler CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County,

Jack P. Hunt, Judge. Affirmed.

William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney` General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.

___________________________

Michael A. Fidler appeals from the judgment entered following his negotiated guilty plea to one count of failing to update annually his registration as a sex offender. We order correction of the abstract of judgment, and as amended affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

According to the probation officers report, Fidler registered his address with the Pomona Police Department on August 30, 2005 after his release from prison on parole. Fidler moved from that address in November 2005 without notifying police or his parole officer of his new address. On September 15, 2006, Fidler failed initially to register his change of address. On September 5, 2006, he failed annually to update his sexual offender registration within five working days of his birth date. Fidler admitted he knowingly had failed to register his new address and, as a result, had absconded from parole for fear of being arrested.

Fidler was charged by felony complaint in count 1, with failing to register as a sex offender^[1] and in count 2, with failing to update annually his registration as a sex offender (Pen. Code, 290, subdivision (a)(1)(D)). The complaint further alleged Fidler had served two separate prison terms for a felony.^[2]

At arraignment, Fidler pleaded guilty to count 2 in a written plea agreement. In exchange, he was to be sentenced to the two-year middle term in state prison. After waiving his constitutional rights, Fidler pleaded guilty to count 2 and was sentenced in accordance with the plea agreement. Count 1 and the prior prison term enhancement were dismissed on the Peoples motion.

Fidler filed a timely notice of appeal. His request for a certificate of probable cause was denied.

DISCUSSION

Fidler asserts and the People acknowledge the abstract of judgment incorrectly shows he pleaded guilty to count 1 (failing to register as a sex offender) rather than count 2 (failing to update annually his registration as a sex offender). We therefore order the correction of this clerical error in the abstract of judgment.^[3]

DISPOSITION

The abstract of judgment is ordered modified to reflect Fidlers conviction by guilty plea to count 2, a violation of Penal Code section 290, subdivision (a)(1)(D), rather than to count 1, a violation of Penal Code section 290, subdivision (a)(1)(A). As modified the judgment is affirmed. The trial court shall then forward a copy of the corrected abstract of judgment to the Department of Corrections and Rehabilitation.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

JOHNSON, J.

We concur:

PERLUSS, P. J.

WOODS, J.

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^[1] Penal Code section 290, subdivision (a)(1)(A).

^[2] Penal Code section 290, subdivision (a)(1)(D).

^[3]People v. Mesa (1975) 14 Cal.3d 466, 471; People v. Hong (1998) 64 Cal.App.4th 1071, 1075-1081 [reporters transcript controls].