Filed 1/12/18 P. v. Shaw CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Defendant Merle Keith Shaw was convicted of a sex offense in 1997, and as a result he was required to register as a sex offender. He was convicted of violating his registration obligation in 2008 and 2013. In May 2014, he was contacted by a San Jose police officer. The officer ran a records check and learned that defendant was a sex offender registrant who had last registered in November 2013 at a Peach Court address. Defendant told the officer that he had been transient and homeless since February 2014. He claimed that he did not know that he was required to register every 30 days when transient. Defendant was arrested and charged with failing to reregister as a sex offender (Pen. Code, § 290.011, subd. (b)). In July 2014, he entered into a plea agreement under which he pleaded no contest to that count in exchange for probation with a six-month jail sentence. He was placed on probation in September 2014.

In May 2015, a Palo Alto police officer contacted defendant in a parking garage. The officer ran a records check and learned that defendant had not registered as a transient in the last 30 days. Defendant told the officer that he was not current on his registration. He was arrested and charged with another count of failing to reregister (Pen. Code, § 290.011, subd. (a)). His 2014 probation was summarily revoked. In July 2015, he pleaded no contest to the new count and admitted the probation violation in response to an indicated sentence of probation with a nine-month jail term for both cases. In September 2015, the court placed him on probation with a nine-month jail term.

In March 2016, a Santa Clara County sheriff’s deputy made contact with defendant in San Jose. Defendant told the deputy that he was homeless and on probation for a sex offender registration violation. He also admitted that he was not current on his sex offender registration. The deputy ran a records check and learned that defendant had been “out of compliance” for a week. Defendant was arrested and charged with another failure to reregister count (Pen. Code, § 290.011(a)), and his probation was summarily revoked. In March 2016, he pleaded no contest to the new count and admitted the probation violations in response to an indicated sentence of probation with one year in jail for all three cases. The court placed defendant on probation with a one-year jail term in April 2016.

Defendant subsequently violated his probation by failing to report to his probation officer and failing to keep the probation department apprised of his residence address, and his probation was summarily revoked in December 2016. In April 2017, defendant admitted the probation violations, his probation was revoked in all three cases, and he was sentenced to three years and four months in prison for the three cases. The court imposed the mandatory minimum fines. Defendant timely filed a notice of appeal from the judgment.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

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Mihara, J.

WE CONCUR:

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Elia, P. J.

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Bamattre-Manoukian, J.