Carranza

The People appeal from an order of the superior court reducing a charge of violating Penal Code section 290, subdivision (g)(2) to a misdemeanor pursuant to Penal Code section 17. We affirm.

By a complaint filed on April 3, 1995, respondent was charged with one felony count of violating Penal Code section 290 subdivision (g)(2) (failing to register a change of address by a sex offender convicted of a forcible sex offense). Following a preliminary examination, an information was filed alleging this violation, that respondent had previously been convicted of rape, a prior “strike” under Penal Code sections 667, subdivisions (b) through (i) and 1170.12, and that respondent had served a prior prison term for rape within the meaning of Penal Code section 667.5, subdivision (b). On June 5,1995, the trial court reduced the charge to a misdemeanor pursuant to Penal Code section 17. Respondent was sentenced to one year in the county jail with probation to terminate upon release from county jail.

Appellant defines the “key issue” in this case as “whether [Penal Code] section 290, subdivision (g)(2), defines an offense which is exclusively a felony, or one which may alternatively…