People v. Belton CA3

FACTS

In 1983, defendant was convicted of felony sexual battery. (Former § 243.4, subd. (a); Stats. 1982, ch. 1111, § 1, p. 4024.) At the time, mandatory sex offender registration was not required for his offense because it was not listed in former section 290 (Stats. 1979, ch. 944, § 8, pp. 3254-3255). Effective January 1995, section 290 was amended to add sexual battery under section 243.4 as an offense requiring mandatory registration. (Stats. 1994, ch. 867, § 2.7, pp. 4389-4390.) The amendment applies retroactively: “The registration provisions of the Act are applicable to every person described in the Act, without regard to when his or her crime or crimes were committed or his or her duty to register pursuant to the Act arose, and to every offense described in the Act, regardless of when it was committed.” (§ 290.023.) The one-count information charged defendant with committing a felony violation of failing to register “[o]n or about and between May 15, 2013, and June 30, 3013” having previously been convicted in 1983 in California of a felony violation of section 243.4, “and thereby being a person required to register under Section 290, did willfully violate a registration…