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The People v. Clint Wayne Wardlow

April 11, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CLINT WAYNE WARDLOW, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F04808)

The opinion of the court was delivered by: Raye , P. J.

P. v. Wardlow 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

An investigation of cell phone and wire communications revealed defendant Clint Wayne Wardlow dealt in methamphetamine and cocaine. An information charged defendant with conspiracy to sell a controlled substance. (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11379, subd. (a).) Defendant entered a plea of no contest. The court sentenced defendant to seven years in state prison and ordered him to register as a narcotics offender. Defendant appeals, arguing the court erred in ordering him to register, since conspiracy is not a qualifying offense under Health and Safety Code section 11590. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2007 officers received authorization from the superior court to intercept the cellular telephone and wire communications with numbers associated with Jesus Ramirez. The investigation identified Ramirez as a methamphetamine and cocaine trafficker. Officers reviewed telephone conversations between Ramirez and defendant in which the duo discussed narcotic transactions. Further investigation revealed defendant was a subdealer of narcotics for Ramirez. A warrant was issued for defendant's arrest, and he was taken into custody.

An information charged defendant, along with a co-defendant, with conspiracy to commit a crime, the sale of a controlled substance. The information further alleged that defendant suffered a previous conviction in 1997 for possession for sale of a controlled substance and a prior conviction in 1996 for robbery, a serious felony. (Health & Saf. Code, § 11370.2, subd. (a); Pen. Code, §§ 211, 667, subds. (b)-(i), 1170.12.)

Defendant entered a plea of not guilty and denied the special allegations. Subsequently, defendant withdrew his not guilty plea, entered a plea of no contest, and admitted both prior convictions.

The court sentenced defendant to two years, doubled pursuant to Penal Code sections 667, subdivisions (b) through (i) and 1170.12, plus three years for the enhancement under Health and Safety Code section 11370.2, subdivision (a), for a total term of seven years in state prison. The court ordered defendant to pay restitution fines. Finally, the court ordered defendant to register as a narcotics offender under Health and Safety Code section 11590.*fn1

The court issued a certificate of probable cause. Defendant filed a timely notice of appeal.

DISCUSSION

Section 11590 requires defendants convicted of certain crimes to register as narcotics offenders. Defendant was convicted of conspiracy, an offense not listed in section 11590. Therefore, defendant argues, the court's registration order is unauthorized and must be stricken.

Section 11590 states: "(a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any offense defined in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11357, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or subdivision (a) of Section 11377, or any person who is discharged or paroled from a penal institution where he or she was confined because of the commission of any such offense, or any person who is convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses, shall within 30 days of his or her coming into any county or city, or city and county in which he or ...


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