Garcia

The Attorney General appeals the superior court’s order vacating defendant and respondent Anthony Chavez Garcia’s requirement to register as a sex offender pursuant to Penal Code section 290. We reverse.

Statement of the Case

Garcia was charged by criminal complaint with first degree burglary (§ 459—count 1); three counts of felony stalking (§ 646.9, subd. (a)—counts 2, 3 & 4); nine counts of misdemeanor disorderly conduct/peeping (§ 647, subd. (i)—counts 5-13); and one count of misdemeanor trespassing (§ 602.5, subd. (b)—count 14). Garcia pleaded guilty to first degree burglary and four counts of disorderly conduct, in exchange for dismissal of the remaining charges. Pursuant to a plea agreement, the trial court sentenced Garcia to six years in state prison, suspended execution of sentence, and placed Garcia on five years of probation. Garcia was also ordered to register as a sex offender pursuant to section 290.

In November 2003, the probation department filed a motion to revoke Garcia’s probation. Garcia admitted the violation, and the court ordered probation reinstated under the same terms and conditions.

In April 2005, the probation department again filed a…