P. v. Chavez
Defendant pled guilty to a failure to update his registration as a sex offender within five days of his birthday pursuant to Penal Code section 290, subdivision (a)(1)(C)(iii), and admitted one of the two strike priors ( 667, subds. (b) (i), 1170.12) charged in the complaint in exchange for a prison term of no more than 32 months. The second strike prior and a prison prior ( 667.5, subd. (b)) were dismissed at sentencing.
Before sentencing, defense counsel moved the court pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to strike the admitted strike prior. The court refused and sentenced defendant to 32 months in state prison. This appeal ensued. Court appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. Court notified defendant of his right to submit written argument on his own behalf within 30 days, but have received nothing from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), court have reviewed the record and concur with appellate counsels assessment of the case. The judgment is affirmed.
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