Yarborough

People v. Yarborough

Good Law
65 Cal. App. 4th 1417·77 Cal. Rptr. 2d 402
Court of Appeal of CaliforniaSeptember 1, 1998F027578California1,032 words

Opinion

Opinion

Vartabedian, J.

Appellant Billy Wayne Yarborough pled guilty for failing to register as a sex offender (Pen. Code, § 290, former subd. (g)(3)) for a child molestation (Pen. Code, § 288) conviction which occurred in 1979. Yarborough also admitted an allegation that his 1979 conviction for child molestation constituted a prior serious felony within the meaning of the three strikes law. Yarborough was sentenced to prison for the 16-month mitigated term, which was doubled to 32 months under the three strikes law. Yarborough was granted applicable custody credits and ordered to pay a $400 restitution fine.

On appeal, Yarborough contends the trial court violated the rule announced in People v. Edwards (1976) 18 Cal.3d 796 [ 135 Cal.Rptr. 411 , 557 P.2d 995 ] concerning the use of his prior conviction as both a substantive element of the offense of failing to register as a sex offender and to increase his sentence under the three strikes law. In an unpublished portion of this opinion, we discuss Yarborough’s second contention, that the trial court failed to exercise its discretion to strike his prior conviction pursuant to section 1385.

Discussion

I.

Prior Conviction

Yarborough argues an…

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