Cluff

In a court trial, Alan Ross Cluff was convicted of failing to comply with the sexual offender registration scheme. (Pen. Code, § 290.) In addition, the court found Cluff had suffered three prior “strikes” under the “Three Strikes” law and had served a prior prison term. Cluff’s motion to strike the prior conviction allegations was denied, and “with a heavy heart” the court sentenced him to 25 years to life in prison.

This case involves the most technical violation of the section 290 registration requirement we have seen. Cluff registered with the chief of police in the jurisdiction where he was living, and continuously resided at the same address until his arrest on the current charge. Thus, he did not violate the requirement that he register after moving to a city or changing his “residence or location” within the city. (§ 290, subd. (a)(1)(A).) Instead, Cluff failed to comply with the separate requirement that he annually “update” his registration within five days of his birthday. (§ 290, subd. (a)(1)(D).) The Legislature added an annual registration requirement in 1995, five years after Cluff was released from prison. It was Cluff’s failure to annually confirm that…