People v. Cleveland CA2/2

BACKGROUND

Procedural history and prosecution evidence Defendant was charged with failure to register after an address change in violation of Penal Code section 290, subdivision (b).1 The information also alleged that defendant had suffered 11 prior serious or violent felony convictions or juvenile adjudications within the meaning of the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)- (d)), and had served five prior prison terms within the meaning of section 667.5, subdivision (b). The evidence showed that defendant had been convicted of a violation of section 288a in 1972 and several counts of section 288, subdivision (b) in 1992.2 Parole Agent Kimiko Hamaya testified that defendant failed to report to the office within 24 hours after his most recent release from custody on August 1, 2012. Agent Hamaya contacted Long Beach Police Detective Sean Irving, who testified that he checked the sex offender registry and found that defendant had signed acknowledgements of his registration requirements, had registered or updated his registration in 2002, 2003, 2011, and 2012, and that his last registration had been filed on June 4, 2012. However, when Detective Irving…