McCleod

A jury found Billy Cornell McCleod guilty of failing to reregister as a sex offender in writing, within 10 days of “any change in his residence address, in violation of Penal Code[ ] section 290[, subdivision] (a) (g)(2).” In a bifurcated court trial, the court found true McCleod had previously suffered a serious felony within the meaning of the three strikes law (§ 667, subds. (b)-(i)) and had served a prior prison term (§ 667.5, subd. (b) ). The court sentenced McCleod to a total five-year term, consisting of a two-year midterm doubled to four years under the three strikes law, plus a consecutive one-year term for the prior prison enhancement.

McCleod appeals, contending the trial court prejudicially instructed the jury on the elements of a violation of section 290 by failing to define the term “residence” and by misinstructing on the reporting requirement of subdivision (f) of that section, that the court abused its discretion by permitting the jury to continue deliberations while the court and counsel endeavored to define “residence” in response to a jury question in violation of section 1138, that there was insufficient evidence to support his conviction for failing…