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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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.
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(§ 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.
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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.
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