People v. Williams CA1/3

Filed 6/3/14 P. v. Williams CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. A139963 JAMES WILLIAMS, (Marin County Defendant and Appellant. Super. Ct. No. SC186272)

This is an appeal from judgment after the parole of appellant James Williams was revoked and he was committed to county jail for a term of 120 days for failing to comply with the mandatory requirement that he register as a sex offender pursuant to Penal Code section 290.1 Appellant’s 120-day jail term was pursuant to a negotiated disposition reached on September 26, 2013, following his admission of violating the terms of his parole. Appellant was granted a total of 13 days of credit for actual time served as of the hearing date, and the trial court then reserved for a later hearing consideration of the amount of conduct credit to which he was entitled. After this hearing, which occurred October 1, 2013, the trial court determined that appellant would accrue credit for good time/work time at the one-third rate based on the version of section 4019 in effect when he committed the underlying crimes for which he was placed on parole (to wit, in 2004 and 2005), rather than at the one-half rate provided for under the current version of the statute.

1 Unless otherwise stated, all statutory citations herein are to the Penal Code.

1

After appellant filed a timely notice of appeal, appellate counsel was appointed to represent him. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende) in which he raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (People v. Kelly).) Counsel attests that appellant was advised of his right to file a supplemental brief in a timely manner, but he has not exercised this right. Mindful that our review is limited to grounds for appeal occurring after entry of the negotiated disposition, we have examined the entire record in accordance with People v. Wende. For reasons set forth below, we agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1986, appellant was convicted of committing a lewd act on a child in violation of section 288, subdivision (a), a statutorily-enumerated offense requiring lifetime sex offender registration under section 290. Appellant was sentenced to state prison. He was thereafter convicted four times of violating section 290’s mandatory registration requirement and, on August 30, 2006, was sentenced to six additional years in prison. On June 14, 2010, appellant was released on parole for a term of three years. On September 23, 2013, a petition for revocation of parole was filed alleging that appellant had absconded from parole and failed to register under section 290.2 Appellant waived his right to a hearing on the petition and, on September 26, 2013, he entered into a negotiated disposition by which he admitted violating the terms of his parole and was committed to county jail for 120 days. Also on September 26, the trial court awarded appellant 13 days of credit for actual time served as of that date (§ 2900.5), while reserving the issue of conduct credit (§ 4019). On October 1, 2013, a hearing was held to “address [appellant’s] custody credit and the rate at which [he] accrues good time/work time credit.” Over defense counsel’s objection, the trial court determined appellant was not entitled to “half-time” credit 2 Appellant had previously committed other violations for which his parole had been revoked.