Filed 5/16/17 P. v. Clark CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

KENNETH CLARK,

Defendant and Appellant.
C083483

(Super. Ct. No. 16CF03768)





Appointed counsel for defendant Kenneth Clark asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
Police became aware in August 2016 that defendant had posted multiple nude photos of a 14-year-old girl on a file sharing site and had received several child pornography images in return. Police determined that defendant’s e-mails contained a discussion about how to incapacitate and sexually assault the victim. Defendant also expressed his desire to rape the victim and his willingness to prostitute her. Defendant told police he was grooming the victim for further sexual abuse.
Defendant pleaded guilty to using a minor for commercial sex acts (Pen. Code, § 311.4, subd. (b) -- count 3) and the trial court dismissed the remaining counts and allegations with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The trial court sentenced defendant to eight years in state prison, issued a protective order in favor of the victim valid for 10 years (§ 136.2, subd. (i)(1)), ordered defendant to register pursuant to section 290, awarded 141 days of presentence credit, and imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $300 parole revocation fine (§ 1202.45), a $300 sexual offense conviction fine (§ 290.3), a $60 court surcharge (§ 1465.7), a $150 state court facilities construction fee (Gov. Code, § 70372, subd. (a)), a $300 state penalty assessment (§ 1464), a $210 county penalty assessment (Gov. Code, § 76000), a $30 DNA identification fund fee (Gov. Code, § 76104.6), a $120 DNA identification fund fee (Gov. Code, § 76104.7), a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment fee (Gov. Code, § 70373).
Defendant did not seek a certificate of probable cause.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.



/S/
MAURO, J.



We concur:



/S/
BLEASE, Acting P. J.



/S/
HULL, J.