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The People v. Allen Joey Denton

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)


April 18, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ALLEN JOEY DENTON, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F02233)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Allen Joey Denton pled no contest to failing to register as a sex offender (Pen. Code, § 290.018, subd. (b))*fn1 and possession of drug paraphernalia. (Health & Saf. Code, § 11364.) In accordance with the plea, he was granted five years formal probation.

Defendant's ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offense and the proceedings in the trial court.

In 1976, defendant was convicted of a registerable sex offense. (§ 286, subd. (e).) Between March 1, 2011, and March 25, 2011, defendant registered as a transient. During that time, however, he was living continuously at a motel. On March 25, 2001, a patrol officer conducted a search of defendant's motel room and found a methamphetamine pipe.

He was charged with failing to register (§ 290.018, subd. (b)) and possession of drug paraphernalia. (Health & Saf. Code, § 11364.)

Defendant plead no contest to both counts. In exchange, he was sentenced, in accordance with the plea, to the upper term of three years in state prison and execution of sentence was suspended. Defendant was granted five years formal probation conditioned on serving a year in county jail. Defendant's request for a certificate of probable cause was denied.

Defendant appeals. We 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. (Wende, supra,25 Cal.3d 436.) Defendant was advised by counsel of the 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 undertaken an examination of the entire record, we find no arguable error that would result in a disposition that is more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE , J. DUARTE , J.


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