Prothero

Defendant pleaded guilty to failure to register as a sex offender (Pen. Code, § 290, subd. (f); further statutory references are to this code) and admitted a “strike” allegation (§§ 667, subds. (b)-(i), 1170.12). Over the People’s objection, the trial court declared the offense to be a misdemeanor (§ 17, subd. (b)(3)), suspended imposition of sentence and placed defendant on probation for three years on the condition he serve one hundred eighty days in Sacramento County jail.

The People appeal (§ 1238, subds. (a)(9), (10); People v. Trausch (1995) 36 Cal.App.4th 1239, 1243, fn. 5 [ 42 Cal.Rptr.2d 836 ] [unlawful sentence]; People v. Booker (1994) 21 Cal.App.4th 1517, 1520-1521 [ 26 Cal.Rptr.2d 715 ] [order dismissing part of action]), contending section 290, subdivision (g) mandated a felony sentence. We agree and shall remand for resentencing.

The underlying facts are undisputed: In February 1990 defendant was convicted of child molestation (§ 288, subd. (a)) and was placed on five years’ probation. On December 6, 1995, a Sacramento sheriff’s detective contacted defendant at his then current residence on Auburn Boulevard. Defendant’s landlady told the detective that…