Filed 7/28/17 P. v. Peck 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Tehama)
----



THE PEOPLE,

Plaintiff and Respondent,

v.

ROY AUBURN PECK III,

Defendant and Appellant.
C083220

(Super. Ct. No. NCR97174)



Appointed counsel for defendant Roy Auburn Peck III asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
I. BACKGROUND
In 2001, defendant was convicted of lewd and lascivious conduct with a child under 14. In February 2015, investigators contacted defendant and asked him to identify himself; he gave them a false name. Another investigator recognized defendant, called him by his correct name, and defendant answered. Dispatch informed the investigators defendant had outstanding warrants and had not registered as a sex offender as required. The officers arrested defendant.
An information charged defendant with failure to register upon release from incarceration (Pen. Code, § 290.015, subd. (a)) and giving false information to a peace officer, a misdemeanor (§ 148.9, subd. (a)). The information alleged that appellant had a prior felony “strike” conviction (§§ 667, subd. (d), 1170.12, subd. (b)), and had served a prior prison term (§ 667.5, subd. (b)).
Defendant pleaded guilty to failing to register upon release from incarceration within five working days of release and admitted the enhancement allegation that he had a prior serious felony conviction. The trial court dismissed the remaining counts and allegations. The trial court sentenced defendant in accordance with the plea, to a term of 16 months, doubled pursuant to the strike. The trial court awarded defendant 433 days of presentence custody credit, and ordered defendant to pay a $600 restitution fine (§ 1202.4), an identical parole revocation, suspended unless parole is revoked (§ 1202.45), a $40 court operations assessment (§1465.8), and a $30 conviction assessment (Gov. Code, § 70373). The trial court granted defendant’s request for a certificate of probable cause.
II. DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we review the record and determine whether there are any arguable issues on appeal.
(People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
III. DISPOSITION
The judgment is affirmed.


/S/

RENNER, J.



We concur:


/S/

RAYE, P. J.


/S/

MAURO, J.