P. v. Keables
Filed 1/22/13 P.
v. Keables CA2/1
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115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
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE,
Plaintiff and Respondent,
v.
KEVIN KEABLES
Defendant and Appellant.
B234589
(Los Angeles County
Super. Ct. No.
GA008899)
APPEAL
from an order of the Superior Court of
County. Patricia M.
Schnegg, Judge. Affirmed.
Carla
Castillo, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
___________________________________
items [3] & [39].)
name="_ftnref1" title="">[1] He was sentenced to five
years probation and ordered to register as a sex offender. (§ 290, subd. (c).)
On
November 15, 1991, the Los Angeles County District Attorney charged Keables
with one count of forcible oral copulation with a minor, alleging he
accomplished the act against the victim’s will “by force, violence, duress,
menace, and fear of immediate and unlawful bodily injury†to the victim and to
another. (Former Pen. Code, § 288a,
subd. (c).) It was further alleged that
he had been convicted of attempted rape one year earlier. Keables again pleaded no contest, and on July 30, 1992, the trial court found him guilty of forcible oral copulation with
a minor and found true the prior conviction allegation. It sentenced him to one year in county jail
and five years probation.
On July 28, 1997, after Keables had completed his sentence and satisfied the terms
of his probation, the trial court terminated probation, set aside the 1992
conviction, and dismissed the case in the interest of justice pursuant to
section 1203.4.
Nearly
14 years later, on March 14, 2011, Keables
petitioned the superior court for a writ of mandate to remove his name from the
sex offender registry, contending mandatory sex offender registration violated
the Equal Protection Clause of the
States Constitution. Keables argued
he was entitled to relief pursuant to People
v. Hofsheier (2006) 37 Cal.4th 1185, 1208 (Hofsheier), which held that mandatory lifetime sex offender
registration violated equal protection where the offender was convicted of
voluntary oral copulation with a minor 16 to 17 years old. (§ 288a, subd. (b)(1).) He argued that a sex offender convicted of
voluntary oral copulation with a 16- to 17-year-old minor, lewd acts upon a
child under the age of 14, or unlawful sexual intercourse with a minor (§
261.5) would be entitled to Hofsheier
relief, so he should be entitled to such relief.
The
trial court rejected the argument, noting Keables had not been convicted of voluntary
oral copulation with a 16- to 17-year-old minor, lewd acts upon a child under
the age of 14, or unlawful sexual intercourse with a minor; he was convicted of
attempted rape and
minor. He was therefore not entitled to
Keables
appeals the trial court’s denial of his petition for writ of mandate.
On July 28, 2011, we issued an order to show cause whether the order denying
Keables’s petition for writ of mandate was appealable and requested briefing on
that issue and on whether Keables was entitled to appointed appellate
counsel. After concluding the order was
appealable, we appointed counsel to represent Keables on appeal.
After examining
the record, appointed counsel filed an opening
brief raising no issues and asking this court to review the record
independently. On November 19, 2012, we sent letters to appellant and appointed counsel, directing
counsel to forward the appellate record to appellant immediately and notifying
appellant that within 30 days he could personally submit any contentions or
issues that he wished us to consider. To
date, appellant has not responded.
We have examined
the entire record and are satisfied that appellant’s counsel has fully complied
with the responsibilities set forth in People
v. Kelly (2006) 40 Cal.4th 106, 109-110 and People v. Wende (1979) 25 Cal.3d 436, 441. No arguable issues exist.
Section 290
requires that any person convicted of an enumerated sex offense register for
life as a sex offender. Expressly
included in the list of offenses for which registration is required are the
very crimes Keables committed—attempted rape and forcible oral copulation with
a minor. (§ 290, subd. (c).) Although our supreme court in
violated equal protection where the predicate offense was voluntary oral
copulation with a 16- to 17-year-old minor (Hofsheier,
supra, 37 Cal.4th at p. 1207),
Keables’s offenses were nothing like this offense. He was therefore not entitled to
below and identifies none on appeal.
DISPOSITION
The order
denying the petition is affirmed.
NOT TO BE
PUBLISHED.
CHANEY,
J.
We concur:
MALLANO, P. J.
JOHNSON, J.
to the Penal Code. Most references
pertain to former provisions of the Penal Code, but any difference between
former and current versions is immaterial.
