People v. Horton CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. Defendant Horton was a registered sex offender. State of California Parole Agent Corin Perez began supervising him in November 2011. As part of the parole process, Perez interviewed Horton and fitted his ankle with a global positioning system (GPS) tracking device. Horton registered under the Sex Offender Registration Act as a transient in January 2012. Perez testified the registration policy defined a “transient” as a person who had no residence, and that transients were required to register every 30 days and visit a parole officer on a weekly basis. Regularly spending two or three nights a week at the same place disqualified a registrant from being a transient; a determination as to whether a particular location had become a residence was based on a totality of the circumstances. By monitoring Horton’s movements with the GPS tracking system, Perez discovered he had often been spending the night in Downey at the residence of his girlfriend, Antoinette Easley. In February 2012, Perez advised Horton he had to register…