The People v. McDonald CA5

Filed 9/9/13 P. v. McDonald CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F065081 Plaintiff and Respondent, (Kings Super. Ct. No. 12CM0058) v.

DONTE DARNELL MCDONALD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Thomas DeSantos, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- INTRODUCTION Appellant/defendant Donte Darnell McDonald pleaded guilty to failing to provide true registration information (Pen. Code,1 § 290.015, subd. (a)), and admitted one prior

* Before Wiseman, Acting P.J., Gomes, J. and Peña, J. 1 All further statutory citations are to the Penal Code unless otherwise indicated.

strike conviction (§ 667, subds. (b)-(i)). He was sentenced to a second strike term of 32 months. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS2 In 2000, defendant was convicted of assault with the intent to commit rape (§ 220); and false imprisonment (§ 236). He was sentenced to four years in prison, and ordered to register as a sex offender pursuant to section 290. In 2002, defendant was convicted of unlawful sexual intercourse with a minor, who was more than three years younger than defendant, and sentenced to 32 months in prison (§ 261.5, subd. (c)). On February 9, 2011, defendant provided two addresses to the Merced County Probation Department: one in Hanford, and one in Dos Palos. On February 24, 2011, he reported to the probation department that he had been at the Dos Palos address since February 21, 2011. “According to the documents, the defendant failed to register as a sex offender with the Hanford Police Department between February 9, 2011 and February 21, 2011 while residing” at the Hanford address. The charges On February 6, 2012, an information was filed in the Superior Court of Kings County charging defendant with counts I, II, and IV, failure to timely update his registration (§ 290.013, subd. (a)); and count III, failure to provide true registration information (§ 290.015, subd. (a)), with one prior strike conviction (§ 667, subds. (b)-(i)), and two prior prison term enhancements (§ 667.5, subd. (b)).