Balkin

People v. Balkin

Good Law
145 Cal. App. 4th 487·51 Cal. Rptr. 3d 687
Court of Appeal of CaliforniaDecember 1, 2006B186152California2,430 words

Opinion

Opinion

Defendant, Eric Ross Balkin, appeals from his conviction for failing to register as a sex offender. (Pen.Code, [1] § 290, subd.(a)(1)(A).) The dispositive issue is whether there is substantial evidence defendant failed to register within five days of entering the city or county of Los Angeles, an essential element of a violation of section 290, subdivision (a)(1)(A). We conclude there is no such evidence. Accordingly, we reverse the judgment with directions to dismiss the information.

We view the evidence in a light most favorable to the judgment. ( Jackson v. Virginia (1979) 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 ; People v. Osband (1996) 13 Cal.4th 622, 690 , 55 Cal.Rptr.2d 26 , 919 P.2d 640 ; Taylor v. Stainer (9th Cir.1994) 31 F.3d 907, 908-909 .) Defendant stipulated that he had been convicted of registerable sex offenses, three counts of forceful oral copulation, section 288a, subdivision (c) in 1987. As a result of those convictions, defendant was required to register as a sex offender. Sharon Wolfe worked as a correctional counselor at the California Institution for Men during the years 2000 and 2001. In that capacity, she met with inmates prior…

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