P. v. Konopacki
Defendant was convicted of a prior offense in Tehama County Superior Court case No. NCR53944 on January 8, 2001, an offense requiring him to register as a sex offender pursuant to Penal Code section 290. Defendant failed to register within five days of his January 24, 2005 birthday.
On January 31, 2006, defendant entered a negotiated plea of no contest to failure to update his annual registration as a sex offender (S 290, subd. (a)(1)(D)) and admitted he had served a prior prison term within the meaning of section 667.5, subdivision (b). In exchange for his plea a second prior prison term allegation was dismissed with a Harvey waiver.
In March 2006, the trial court sentenced defendant to the midterm of two years in state prison for failing to register and an additional year for the prior prison term. The trial court also ordered defendant to pay a $600 restitution fine (S 1202.4, subd. (b)), suspended a parole revocation restitution fine in the same amount (S 1202.45), and imposed a $20 court security fee (S 1465.8). Defendant was awarded 82 actual days and 40 conduct days for a total of 122 days of custody credit.
Court appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.)
The judgment is affirmed.
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