P. v. Eagles
In December 2004, pursuant to a plea agreement, appellant Kenneth Eagles pled no contest to one count of willfully failing to register as a sex offender. (Pen. Code, 290, subd. (g)(2).) In January 2005, the court suspended imposition of sentence and placed appellant on three years probation. The conditions of probation included that appellant serve one year in county jail and have no contact with the minor, alleged to be the victim in four counts of unlawful sexual intercourse with a minor (Pen. Code, 261.5) that were dismissed pursuant to the plea agreement.
In March 2006, following a probation revocation hearing, the court found appellant violated the no-contact condition of probation. In April 2006, the court imposed the three year upper term on the instant offense and awarded appellant 420 days of presentence credit.
Court hereby vacate our March 2007 decision. Upon reconsideration, in light of Black II and Sandoval, Court issue the following decision, in which Court affirm the judgment of the trial court.
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