What is the test for obtaining a certificate of probable cause for failure to inform authorities of a change of address?
California, United States of America
The following excerpt is from The People v. Smith, No. C064079, Super. Ct. No. NCR77308 (Cal. App. 2010):
Pursuant to People v. West (1970) 3 Cal.3d 595, defendant pled guilty to failure to inform authorities of a change of address (Pen. Code, 290.013, subd. (a)), and admitted a prior strike conviction. The court imposed a stipulated six-year
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term, ordered various fines and fees, and awarded 19 days' presentence custody credits (13 actual and 6 conduct).
Defendant appeals. He did not obtain a certificate of probable cause.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests 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 was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
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