Kelly

Question: Does the respondent court have jurisdiction to proceed with the trial of petitioner upon a complaint that charges a violation of section 290 of the Penal Code (failure to report a change of address) despite the fact that prior to this alleged failure the conviction (violation of Pen. Code, § 288a) upon which the section 290 charge is based was set aside and petitioner “released from all penalties and disabilities” pursuant to the provisions of section 1203.4 of the Penal Code?

In such a state of facts does such a complaint charge the violation of a public offense ? Are the registration requirements of section 290 among the “all penalties and disabilities” from which the convicted person is thereafter “released” when, having been granted probation, he fulfills the conditions thereof, as provided in section 1203.4? We think they are, and that the complaint does not charge the violation of a public offense.

A person convicted of any of the offenses mentioned in section 290 is by the provisions of that section required to register with the appropriate law enforcement agency. Registration consists of “ (a) a statement in writing signed by such person, giving such…