Wallace

People v. Wallace

Good Law
176 Cal. App. 4th 1088·2009 Cal. App. LEXIS 1364·98 Cal. Rptr. 3d 618
Court of Appeal of CaliforniaAugust 18, 2009A120500California7,453 words

Opinion

Opinion

Jenkins, J.

This is an appeal from the judgment following the conviction of appellant Henry Wallace by a jury for willfully failing to notify, register, and annually update his registration as a sex offender coming within the provisions of Penal Code section 290. Appellant challenges his conviction on all counts on grounds of insufficiency of the evidence and instructional error. As explained below, we reverse appellant’s conviction with respect to counts two and three, and in all other respects affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On September 25, 2007, an information was filed charging appellant as follows: (1) in or about April 2007, failing to provide notice to the appropriate law enforcement agency within five working days of his new address or location (Pen. Code, former § 290, subd. (f)(1)) (count one), (2) in or about April 2007, failing to register within five working days of changing his address or location (Pen. Code, former § 290, subd. (a)(1)(A)) (count two), and (3) in or about December 2006, failing to complete his annual registration within five working days of his birthday (Pen. Code, former § 290, subd. (a)(1)(D)) (count three). The information…

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