People v. DiDomizio CA3

Filed 8/10/21 P. v. DiDomizio CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C092272

Plaintiff and Respondent, (Super. Ct. No. F19-000005)

v.

WILLIAM LOUIS DIDOMIZIO,

Defendant and Appellant.

Appointed counsel for defendant William Louis DiDomizio asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

BACKGROUND Defendant was charged with failure to register as a sex offender between September 15, 2018, and January 15, 2019 (Pen. Code, § 290.018, subd. (b), count I),1 and misdemeanor animal cruelty (§ 597, subd. (a), count II).2 At the preliminary hearing, the prosecutor offered into evidence sex offender registration forms defendant executed in November 2017 and November 2018 as well as a certified copy of the California Law Enforcement Telecommunications System (CLETS) print out of his address registration from the California Sex and Arson Registry (CSAR), and defendant’s certified rap sheet. After taking testimony from several witnesses, defendant was held to answer on both counts. On September 25, 2019, defendant pleaded guilty to the failure to register offense (§ 290.018, subd. (b)) with the understanding that he would not receive probation without an unusual case finding. The parties stipulated to the following factual basis for the plea as recounted by the prosecutor at the change of plea hearing: that on or between September 15, 2018, and January 15, 2019, defendant had a prior conviction for violating section 288, subdivision (c)(1) in 1999 in Sacramento County, which required him to register under section 290, at least annually, with a law enforcement agency, and that during this time period defendant failed to update his registration with a new address in violation of section 290.018, subdivision (b).3 Defendant waived a jury trial on count II in favor of a court trial.