Gonzalez
People v. Gonzalez
Opinion
Opinion
Perren, J.
Salvador Navar Gonzalez appeals a judgment following a guilty plea to failure of a sex offender to file a change of address. (Pen. Code, § 290, subd. (f)(1).) He contends the trial court erred by failing to exercise its discretion under section 290, subdivision (g)(2) to declare his offense a misdemeanor. We affirm.
FACTS AND PROCEDURAL HISTORY
In . 2001, Gonzalez suffered two separate convictions for annoying or molesting a child under the age of 18 (§ 647.6, subd. (a)), and was ordered to register as a sex offender pursuant to section 290. In 2006, Gonzalez was arrested, and told officers that he had been homeless for two years. The officers discovered that his last annual registration as a sex offender had been in April 2004 when he had been informed that, as a transient, he was required to register every 30 days.
Gonzalez was charged with failure to file a change of address (§ 290, subd. (f)(1)), failure to update his registration annually (§ 290, subd. (a)(1)(C)), failure to update his registration every 30 days (ibid.) and public intoxication (§ 647, subd. (f)). The three section 290 offenses were charged as felonies. In a plea agreement, Gonzalez pleaded guilty…