People v. Archuleta CA6

Filed 1/29/16 P. v. Archuleta CA6 Received for posting 2/1/16 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042018 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1474399)

v.

JOHN ARCHULETA,

Defendant and Appellant.

Defendant John Archuleta pleaded no contest to failing to register as a sex offender with a felony conviction (Pen. Code § 290.015, subd. (a))1 and admitted one prior strike (§ 667, subds. (b)-(i)/1170.12) and five prior prison terms (§ 667.5, subd. (b)). Following the denial of defendant’s Romero motion2 to dismiss the prior strike conviction, the court sentenced defendant to 44 months in prison and imposed various fines and fees. Defendant’s counsel filed an opening brief in which no issues are raised and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified defendant of his right to submit a written argument on his own behalf, but he has not done so.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

After independent review of the record, we conclude that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” We will further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.) I. FACTUAL AND PROCEDURAL BACKGROUND3 Defendant was released from prison on parole on December 10, 2013. He failed to report to the San Jose Division of State Parole within three days, as directed. A felony complaint filed in Santa Clara County on January 28, 2014, alleged defendant had failed to register as a sex offender with a felony conviction in violation of section 290.015, subdivision (a). Defendant was required to register because he was adjudicated of violating section 288, subdivision (a) and committed to the California Youth Authority as a juvenile. The felony complaint further alleged that defendant had one prior conviction for attempted robbery (§§ 664, 211, 212.5, subd. (c)) that qualified as a strike under sections 667, subdivisions (b) to (i), 1170.12, subdivision (c). It also alleged that defendant had served five prior prison terms within the meaning of section 667.5, subdivision (b). Defendant committed the prior strike offense of attempted robbery in 1997 when he attempted to steal a 15-year-old’s backpack. Between committing that offense and the current offense, he was convicted of seven felonies and one misdemeanor. His criminal history includes three convictions for failure to register as a sex offender, two convictions for taking a vehicle without the owner’s consent, two convictions for possessing or manufacturing or selling a dangerous weapon, and convictions for possession of stolen property and battery.