P. v. Roone

Filed 4/4/06 P. v. Rooney 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 COURT^*

APPEAL from a judgment of the Superior Court of Merced County. Frank Dougherty, 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-

In 2000, appellant, Michael Rooney, was convicted of a forcible sexual offense in concert (Pen. Code, § 264.1, count one) and attempted sexual abuse of a child (Pen. Code, §§ 664 & 288.5, count two).^[1] On December 9, 2003, the trial court dismissed count one pursuant to the United States Supreme Court's holding in Stogner v. California (2003) 539 U.S. 607. The court sentenced Rooney to prison for eight years on count two. With the agreement of the parties, the trial court did not order Rooney to register as a sex offender pursuant to section 290.

On May 6, 2005, the People filed a motion requesting the trial court to modify its December 9, 2003 sentence to include an order that Rooney register as a sex offender under section 290. The trial court heard the motion and ordered Rooney to register as a sex offender. The court made its order effective August 18, 2005.

Rooney's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Rooney was advised he could file his own brief with this court. By letter on October 26, 2005, we invited Rooney to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

DISPOSITION

The judgment is affirmed.

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^*Before Harris, Acting P.J., Levy, J., and Cornell, J.

^[1] Further statutory references are to the Penal Code.