People v. Brown CA3

Opinion

Filed 8/17/26 P. v. Brown CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C104168 Plaintiff and Respondent, (Super. Ct. Nos. 25CF01309, v. 25CPS01350)

ALLEN STARR BROWN, SR., Defendant and Appellant.

Appointed counsel for defendant Allen Starr Brown, Sr., asks this court to review the record to 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 him, we will affirm the judgment. FACTS AND HISTORY OF THE PROCEEDINGS Defendant is a convicted sex offender who is required to register under Penal Code,1 section 290.015, subdivision (a), based on a 2004 conviction under section 261, subdivision (a)(2). Defendant was released from state prison on March 4, 2025. As of April 16, 2025, defendant had not yet registered as a sex offender after his release. Defendant was charged in Butte County Superior Court case No. 25CF01309 (case No. 1309) with failure to register within five working days of release from incarceration.

1 Undesignated statutory references are to the Penal Code.

1 (§ 290.015, subd. (a); count 1.) It was further alleged that defendant was previously convicted of a serious felony as described in sections 667, subdivision (a), and 1170.12, subdivision (b). Defendant’s failure to register was also the basis for a petition for revocation of post release community supervision (PRCS) in Butte County Superior Court case No. 25PCS01350 (case No. 1350). Defendant pleaded no contest to the failure to register in case No. 1309 and the trial court dismissed the prior strike allegation. The court also took judicial notice of defendant’s admission that he failed to register and found him in violation of PRCS in case No. 1350. The trial court sentenced defendant to the middle term of two years in case No. 1309. In case No. 1350, the trial court terminated defendant’s PRCS and ordered him to serve 180 days in state prison, concurrent with his sentence in case No. 1309. The court awarded 50 days of actual credit and 50 days of conduct credit. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)); a suspended $300 parole revocation fine (§ 1202.45); a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment (Gov. Code, § 70373). Defendant timely appealed and did not obtain a certificate of probable cause. DISCUSSION Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the filing of the opening brief, and then was granted a 30-day extension upon request of counsel. That extended deadline has passed, and we have received no communication from defendant. We have undertaken an examination of the record and conclude there is no arguable error that would result in a disposition more favorable to him.

2 DISPOSITION The judgment is affirmed.

/s/ HULL, Acting P. J.

We concur:

/s/ RENNER, J.

/s/ WISEMAN, J. Pro Tem.* * Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.