Bejarano

A jury convicted defendant, Andrew Neil Bejarano, of failing to comply with his obligation to register annually as a convicted sex offender (Pen. Code, § 290.012). In bifurcated proceedings, he admitted having suffered a prior conviction for which he served a prison term (§ 667.5, subd. (b)). He was sentenced to prison for two years four months, and appeals, claiming evidence was erroneously excluded, the jury was misinstructed, defense counsel at trial was incompetent and sentencing error occurred. We reject his contentions and affirm.

Facts

Defendant, as a convicted sex offender, had a duty to register within five days of his birthday each year. He fulfilled his duty 17 times, beginning in 1989 and ending when he moved to Moreno Valley in April 2006, and he did not register on his birthdays during this 1989 to 2006 period only when he was incarcerated on other convictions. However, he failed to register within five days of his birthday in July 2006. On October 17, 2006, he came to the sheriff’s office and filled out a request for an appointment to register. An appointment on October 24, 2006, was made for him, but he did not keep it. That same day, he was arrested for…