P.

INTRODUCTION

Martin Diego Fernandez pleaded guilty to one count of residential burglary (Pen.

Code, §§ 459, 460; count 2)1 in exchange for dismissal of other charges and allegations.

Fernandez agreed the court would determine the sentence and whether or not to order

discretionary registration as a sex offender pursuant to section 290.006. Although

Fernandez stated the factual basis for his plea was that he "[a]ided and abetted another

person who entered a residence with intent to commit theft or a felony therein," the court

found Fernandez was the person who entered the female victim's bedroom through a

sliding door while she slept and repeatedly attempted to remove her pants. The court

ordered Fernandez to register as a sex offender and ordered him to stay away from the

victim. The minute order included a sex offender registration fee of $300 pursuant to

section 290.3, even though the court did not make such an order.

Fernandez asserts three contentions on appeal: (1) the court abused its discretion

in ordering him to register as a sex offender pursuant to section 290.006 because the facts

he agreed upon to support his plea to count 2 did not include a sexual…