People v. Gonzales

Following entry of this court’s decision in this case, defendant filed a petition for rehearing of this appeal, arguing this court should reconsider whether Penal Code section 290.011, subdivision (g) and jury instruction CALCRIM No. 1170 are unconstitutionally vague and ambiguous. This court granted the petition and reheard the matter on February 2, 2010. Upon considering defendant’s petition for rehearing and the People’s response, as well as additional oral and written argument, this court adheres to its original decision, which remains unchanged as follows.

Defendant Loren Charles Gonzales appeals from judgment entered following a jury conviction for failure to register as a sex offender during the period of March 29, 2006, through April 21, 2006 (Pen. Code, § 290, subd. (g)(2); count l). The trial court also found true allegations that defendant had a prior strike (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to five years in prison.

Defendant contends there was insufficient evidence supporting his conviction for failing to register as a sex offender. Alternatively, defendant argues jury…