Fear Not Law Articles: P. v. Perry

P. v. Perry

Filed 10/24/06 P. v. Perry CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

JOHN ALLEN PERRY,

Defendant and Appellant.

F050226

(Super. Ct. No. MF006657A)

OPINION

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. John Oglesby, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

Appellant John Perry pled no contest to felony failure to register as a sex offender (Pen. Code, § 290, subd. (g)(2)) and admitted a “strike” allegation.^[1] The court imposed a prison term of 32 months, consisting of the 16-month lower term, doubled pursuant to the three strikes law (Pen. Code, §§ 667, subd. (e)(1); 1170.12, subd. (c)(1)).

Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

The judgment is affirmed.

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^* Before Vartabedian, Acting P.J., Wiseman, J., and Gomes, J.

^[1] We use the term “strike” as a synonym for “prior felony conviction” within the meaning of the “three strikes” law (Pen. Code, §§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law.

Description	Appellant pled no contest to felony failure to register as a sex offender and admitted a “strike” allegation. Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. Appellant did not responded to this court’s invitation to submit additional briefing. The judgment is affirmed.
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