King

People v. King

Good Law
151 Cal. App. 4th 1304·2007 Cal. App. LEXIS 957·60 Cal. Rptr. 3d 673
Court of Appeal of CaliforniaJune 11, 2007B192709California1,567 words

Opinion

Opinion

Boren, J.

Christopher Bryan King appeals from the judgment (order granting probation) entered upon his conviction by plea of guilty to violating the registration requirements of Penal Code section 290, subdivision (a)(2)(E) by failing to register a change of address during a probationary term on a prior offense.

Appellant contends that when hn individual’s obligation to register as a sexual offender is premised solely on a condition of probation M a nonregistrable offense, he does not violate section 290 when he fails to notify law enforcement of a change of address.’

We conclude that appellant was not ordered to register pursuant to section 290, subdivision (a)(2)(E), and therefore he could not be convicted of violating section 290.'We reverse the judgment.

FACTS AND PROCEDURAL BACKGROUND

In July 2002, in case No: MA024039, appellant pled no contest to unlawful sexual intercourse with a minor (§ 261.5) in return for a five-year grant of probation on various terms and conditions. Among the agreed-upon conditions of probation was the requirement that appellant register as a sex offender during the five-year probationary period.

On March 8, 2006, a complaint was filed charging…

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