People v. Whitehurst CA4/1

Filed 1/12/23 P. v. Whitehurst CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080128, D080256

Plaintiff and Respondent, (Super. Ct. Nos. SCN425127, v. SCN424443)

MARVIN CHARLES WHITEHURST,

Defendant and Appellant.

CONSOLIDATED APPEALS from judgments of the Superior Court of San Diego County, Kelly C. Mok, Judge. Affirmed. Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Marvin Charles Whitehurst represented himself in two separate criminal trials in early 2022. In the first case, SCN424443, the jury found Whitehurst guilty of failing to register as a sex offender (Pen. Code,1

1 All further statutory references are to the Penal Code.

§ 290.018, subd. (b)). Several weeks later, a separate jury in the second case, SCN425127, found Whitehurst guilty of one count of corporal injury to a person with whom he had a dating relationship (§ 273.5, subd. (a); Count 1), and one count of violating a protective order (§ 166, subd. (c)(1); Count 2). The trial court held a combined sentencing hearing, and sentenced him to an aggregate term of six years, eight months in prison. Whitehurst appealed the convictions in both cases, and, in each case, his appointed appellate counsel filed an opening brief indicating he had not been able to identify any arguable issues for reversal on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).) We notified Whitehurst that he could file a supplemental brief on his own behalf in each case, and he did. We have independently reviewed the records in each case and have considered the briefs filed by Whitehurst and his appointed counsel. We find no arguable issues that would result in reversal of either judgment. We consolidated the cases for disposition and affirm the judgments. FACTUAL AND PROCEDURAL BACKGROUND Whitehurst was convicted of attempted sexual assault, among other charges, in Arizona in 2010. The conviction required him to register as a sex offender. Whitehurst was aware of the requirement. In November 2017, he initialed and signed a form notifying him that he was required to register as a sex offender, that it was a lifetime requirement, and that, if he were to move to another state, he would need to comply with the registration requirements of that state. On March 18, 2021, Whitehurst updated his registration to report a change of address in Escondido, California. The form he filled out included a notification that he also had to complete an annual registration within five