People v. Stapleton CA4/2

FACTS AND PROCEDURAL HISTORY

In 1994, defendant was convicted of the crime of committing a lewd act on a child

under age 14, in violation of Penal Code section 288, subdivision (b). As a result of that

conviction, defendant was required to register as a sex offender under Penal Code section

290.

In August 2012, the People filed a felony complaint alleging that, on or about

April 6, 2012, defendant had violated the registration statute when he failed to register

with the Riverside County Sheriff’s Department within five days of moving into the

county or changing his residence within the county. The complaint also alleged three

prior prison term enhancements, and three prior strike convictions (1986 attempted

burglary conviction, 1994 lewd act conviction, 1994 first degree burglary conviction).

In November 2012, defense counsel filed papers inviting the trial court to exercise

its inherent discretion to dismiss one or more strike priors and other enhancements.

Defendant’s papers asserted the following narrative: “[Defendant] is required to register

under Penal Code Section 290. A compliance check was conducted by the SAFE team.

The SAFE team found that [defendant] was…