Borland
People v. Borland
Opinion
Opinion
Yegan, J.
Robert Glenn Borland was sentenced to state prison for four years following a no contest plea to failing to register as a sex offender. (Pen. Code, § 290, subd. (g)(2).) He also admitted having suffered a prior conviction for forcible rape within the meaning of Penal Code sections 667, subdivisions (d) and (e). Appellant contends that the 1994 amendment to section 290, subdivision (g)(2), providing for a state prison sentence, violates the ex post facto prohibition of the federal and state Constitutions, as well as his due process and equal protection rights. We do not reach the merits of the appeal. In the words of Justice Kaus: “Defendant’s problem is that he pleaded guilty.” (People v. Barton (1971) 19 Cal.App.3d 990, 994 [ 97 Cal.Rptr. 329 ].) We dismiss the appeal on several procedural grounds.
Facts and Proceedings
On April 21,1995, the Department of Justice advised the San Luis Obispo County Sheriff that appellant might be in violation of the sex offender registration law. (§ 290.) On July 14, 1995, a deputy sheriff interviewed appellant at his Océano residence. Appellant said that he last registered in 1986 in Mission Hills and moved to Océano in…