Borland

People v. Borland

Bad Law
1996 Cal. App. LEXIS 993·50 Cal. App. 4th 124·57 Cal. Rptr. 2d 562·96 Daily Journal DAR 12793·96 Cal. Daily Op. Serv. 7775
Court of Appeal of CaliforniaOctober 21, 1996B097467California1,674 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.