P. v. Malone

Filed 5/24/06  P. v. Malone CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION THREE

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

Eric C. Taylor, Judge.  Dismissed.

            Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

_________________________

            Roland Malone appeals the judgment entered after conviction following his plea of no contest to failure to update his sex offender registration annually.  (Pen. Code, §  290, subd. (a)(1)(D).)  Pursuant to a plea bargain, Malone admitted one prior conviction within the meaning of the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and, in exchange, the trial court sentenced Malone to six years in state prison, to be served concurrently with the term imposed in another case. 

            We appointed counsel to represent Malone on this appeal.  After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.  By notice filed April 17, 2006, the clerk of this court advised Malone to submit any contention, ground of appeal or argument he wished this court to consider within 30 days.  No response has been received to date.

            We have examined the entire record and are satisfied Malone's counsel has complied fully with counsel's responsibilities.  (Smith v. Robbins (2000) 528 U.S. 259, 278-284 [145 L.Ed.2d 756]; People v. Wende (1979) 25 Cal.3d 436, 443.)  Because Malone pleaded no contest and failed to obtain a certificate of probable cause, the appeal must be dismissed as inoperative.  (In re Chavez (2003) 30 Cal.4th 643, 649-651; People  v. Mendez (1999) 19 Cal.4th 1084, 1096-1097; Pen. Code, § 1237.5.)   

DISPOSITION

            The appeal is dismissed.

            NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

                                                                                    KLEIN, P. J.

We concur:

                        CROSKEY, J.                                                                        KITCHING, J.

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