People v. Stewart CA6

I. Statement of Facts

On July 12, 2010, defendant’s registered address was checked for compliance with section 290 requirements. According to a witness, defendant moved in February 2010 and did not leave a forwarding address. Defendant failed to register within five working days after changing his address.

1 All further statutory references are to the Penal Code unless otherwise noted. 1 Defendant was required to register as a sex offender based on January 30, 1986 convictions for two counts of rape by force and one count of oral copulation by force.

II. Statement of the Case

In June 2011, defendant was charged by information with one count of failing to register a change of address (§ 290.013, subd. (a)) on or about July 12, 2010. It was also alleged that defendant had suffered three prior serious felony convictions (§§ 667, subd. (b)-(i), 1170.12), all arising from the same incident: two convictions for rape by force (§ 261, subd. (a)(2)) and one conviction for oral copulation by force (§ 288a, subd. (c)). In addition, it was alleged that defendant had served two prior prison terms (§ 667.5, subd. (b)): rape by force and failure to register pursuant to section 290. On July…