People v. Malone CA3

Filed 8/1/25 P. v. Malone CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C101755

Plaintiff and Respondent, (Super. Ct. No. 24SR00034)

v.

EUGENE MALONE,

Defendant and Appellant.

Defendant Eugene Malone appeals the trial court’s denial of his petition to be relieved from registering as a sex offender under Penal Code section 290.1 Counsel for defendant filed a brief seeking our independent review under People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief.

1 Further undesignated statutory references are to the Penal Code.

1

Although this is not defendant’s first appeal as of right, we exercise our discretion to independently review the record. (See People v. Delgadillo (2022) 14 Cal.5th 216, 233 & fn. 6 (Delgadillo).) Finding no arguable errors that would result in a disposition more favorable to defendant, we affirm the trial court’s order but direct the court to strike one line as surplusage. BACKGROUND In 2019, defendant pleaded no contest to a misdemeanor sexual battery. (§ 243.4, subd. (e)(4).) The factual basis for the plea was recited by the prosecutor as: “[Defendant] went to the Department of Human Assistance without any business being there. It was a crowded lobby. There were children present. Although the children were not in view of this. This incident occurred on surveillance . . . . [¶] He not [only] grabbed [the victim’s] buttocks, but he sits [sic] there methodically, waiting for an opportunity to scoot next to the victim, and then slide his hand, and . . . I can only assume he was sliding his hand because you see her jump . . . . [T]his was broad daylight.” On May 29, 2019, the trial court sentenced defendant to 90 days in county jail, granted him probation for three years, and ordered him to register as a sex offender pursuant to section 290. In 2024, defendant filed a petition to have his registration requirement terminated. The district attorney’s law enforcement review report stated defendant was a tier-two registrant and was therefore required to register for 20 years, which had not yet expired. The trial court summarily denied the petition, checking the box on its order that stated, “Petitioner is in Tier 1 or Tier 2 and has not met the mandatory minimum registration period for that tier.” The court further noted: “Petitioner not eligible until 2039.” Defendant timely appealed.