Britt

*949 Opinion

In California, certain sex offenders are required by statute to register with law enforcement authorities where they are residing. When they change residence within California, they must notify the local authorities in both their former and new residences. (Pen. Code, § 290, subds. (a)(1)(A) and (f)(1).) 1 We must decide whether a person subject to these requirements who moves once from one county to another within California without notifying the authorities in either county, and hence who violates both subdivisions (a) and (f) of section 290, may be prosecuted and punished separately for each crime—once in the county of the former residence and once in the county of the new residence.

We conclude that the person may not be separately punished for the two failures to notify. Moreover, although he may be charged with both offenses in either county, when, as here, the prosecution knows or should know of both offenses, he may be prosecuted for them only once.

I. Factual and Procedural Background

Defendant Michael Frederick Britt has prior convictions for sexual crimes, which requires him to register with the appropriate law enforcement agency where he lives, to…

I agree that in this case, where “the El Dorado County prosecutor was fully aware of the simultaneous Sacramento County prosecution,” prosecution of the El Dorado County action was barred by Penal Code section 654’s prohibition of multiple prosecutions. (Maj. opn., ante, at pp. 955-956.) I therefore join fully in the judgment reversing defendant’s El Dorado County conviction. I write separately only to highlight two aspects of the majority opinion:

1. The majority opinion’s discussion of the multiple-punishment issue is unnecessary. Today, we reverse the judgment of conviction in the El Dorado County action as violative of the bar on multiple prosecutions set forth in Penal Code section 654. Neither El Dorado County nor Sacramento County will be able to retry defendant for violating Penal Code section 290, subdivision (a)(1)(A). Accordingly, any additional claim of error arising from the El Dorado County action that presumes retrial is possible—i.e., any claim that defendant’s waiver of jury trial was defective, that certain evidence was erroneously admitted or excluded, or that defendant could not be separately punished for that offense—is now moot. (E.g., People v. Killebrew…

I agree with the majority’s reasoning and result. I also agree with the second point of Justice Baxter’s concurring opinion. (See cone. opn. of Baxter, J., ante, at p. 956.)

In California, certain sex offenders are required by statute to register with law enforcement authorities where they are residing. When they change residence within California, they must notify the local authorities in both their former and new residences. (Pen.Code, § 290, subds. (a)(1)(A) and (f)(1).) [1] We must decide whether a person subject to these requirements who moves once from one county to another within California without notifying the authorities in either county, and hence who violates both subdivisions (a) and (f) of section 290, may be prosecuted and punished separately for each crime — once in the county of the former residence and once in the county of the new residence.

We conclude that the person may not be separately punished for the two failures to notify. Moreover, although he may be charged with both offenses in either county, when, as here, the prosecution knows or should know of both offenses, he may be prosecuted for them only once.

Defendant Michael Frederick Britt has prior convictions for sexual crimes that require him to register with the appropriate law enforcement agency where he lives, to notify that agency when he moves, and to…