P. v. Wilkinson CA3

Filed 5/8/13 P. v. Wilkinson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C071925

Plaintiff and Respondent, (Super. Ct. No. CM35166)

v.

TODD MARTIN WILKINSON,

Defendant and Appellant.

Counsel for defendant Todd Martin Wilkinson has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief raising the following issues: (1) the record is not clear as to whether the trial court suspended imposition of sentence so as to retain sentencing discretion upon violation of probation; (2) the People and the trial court breached the plea agreement; and (3) he is entitled to additional conduct credits. We address these issues, in addition to undertaking a review of the record as required by Wende, and affirm.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) BACKGROUND As a result of defendant’s 1997 conviction for rape, he is required to register as a sex offender pursuant to Penal Code section 290. On September 13, 2011, a police officer saw defendant and, knowing of his registration requirement, asked a detective to verify that defendant’s registration was current and valid. Defendant had last registered in June 2011. The detective went to the last address defendant had provided and spoke to the resident. The resident informed the detective that he knew defendant but that defendant did not reside at the residence. Defendant was located and arrested on September 22, 2011. Defendant told the arresting officer that the resident of the address he provided had told him he could use the address for his registration requirement. He admitted he did not have any property at the residence, nor did he sleep or eat at the residence. He claimed he occasionally sneaked onto the property and slept in the barn out back. Defendant was charged with failure to register. (Pen. Code, § 290.015, subd. (a).) It was also alleged he has served two prior prison terms (Pen. Code, § 667.5, subd. (b)), and has a prior strike conviction for a 1997 rape (Pen. Code, § 1170.12). On December 8, 2011, defendant pled no contest to failing to register and admitted the prior prison term allegations. He entered the plea with the understanding that the remainder of the charges and another separate case would be dismissed, no charges would be pursued on a pending police report, and he would receive five years’ probation at the outset. On January 5, 2012, the trial court sentenced defendant to the upper term of three years for failing to register and two consecutive one year terms for the prior prison term enhancements, for an aggregate term of five years in state prison. The trial court then suspended execution of the sentence and placed defendant on probation for a period of