Filed 3/3/09 P. v. Williams Ca4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

AARON CHARLES WILLIAMS,

Defendant and Appellant.

E046385

(Super.Ct.No. FBA800406)

OPINION

APPEAL from the Superior Court of San Bernardino County. John B. Gibson, Judge. Affirmed.

Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

STATEMENT OF THE CASE

Defendant was charged by felony complaint filed June 23, 2008, by the District Attorney of San Bernardino. Defendant was charged with failing to register upon release for custody in violation of Penal Code section 290.015, subdivision (a). The complaint also alleged that defendant had two prior convictions for failing to register, and that he served two prior prison terms within the meaning of section 667.5 for those convictions. The complaint further alleged that defendant suffered a prior strike conviction within the meaning of sections 667, subdivision (b) through (i) and 1170.12, subdivsion (a), for a 1984 conviction of a violation of section 288, subdivision (b).

On July 7, 2008, defendant was held to answer to the charge and special allegations at the conclusion of the preliminary hearing. Thereafter, pursuant to section 1192.7, defendant, represented by counsel, entered into a negotiated disposition in which he pled guilty and admitted the strike prior. In accordance with the negotiated disposition, the remaining allegations were stricken on motion of the district attorney and in the interests of justice, and defendant was sentenced to a stipulated term of 2 years 8 months and awarded the appropriate custody credits.

On August 14, 2008, defendant filed a timely amended notice of appeal.

STATEMENT OF FACTS

Barstow Police Officer Adam Cortinas contacted defendant on June 19, 2008. The officer confirmed with the dispatch operator that defendant was “not in compliance.” Over defense objections of hearsay, the officer testified that he asked defendant if he was aware that he had failed to register, and defendant indicated he was released from custody on June 8, 2008 and he knew he did not register. Over continued objections of hearsay and undue prejudice (Evid. Code, § 352), the officer testified that he spoke with California Department of Corrections and Rehabilitation (CDCR) Parole Agent Kiko Martinez, who informed him that defendant was released from the custody of CDCR on June 8, 2008.

Over hearsay objections, the prosecution introduced Exhibit 1, a certified copy of defendant’s California Law Enforcement Tracking System (CLETS) printout and Exhibit 2, a certified copy of defendant’s sexual offender registration history.

The court denied defendant’s counsel’s motion to strike all of defendant’s statements, and overruled the objection that there was no evidence to establish the corpus of the offense. The court also denied counsel’s motion to exclude the hearsay statements of Kiko Martinez.

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.

We concur:

RICHLI

J.

GAUT

J.