Toloy
People v. Toloy
Opinion
Opinion
Mihara, J.
A Penal Code section 290 registrant is required to reregister within five working days of his or her release after serving a jail sentence of 30 days or more. (§§ 290, 290.015, subd. (a).) “Any person who is released . . . from a jail . . . where he or she was confined, who is required to register pursuant to the Act, shall, prior to . . . release, be informed of his or her duty to register under the Act by the official in charge of the place of confinement . . . .” (§ 290.017, subd. (a).)
Defendant Thomas Adrian Toloy, a section 290 registrant, was released from jail in April 2014 after serving a jail term of more than two months. Although he had previously been informed of his obligation to reregister following release after a jail term of 30 days or more, he was not again informed of that duty upon his April 2014 release from jail. He failed to reregister, was convicted by court trial of failing to reregister, and was committed to state prison.
On appeal, he contends that he could not be convicted of failing to reregister due to the failure to give the notice required by section 290.017. The Attorney General asserts that section 290.017 does not require notice to be…