People v. Brewer CA2/1

BACKGROUND

On February 24, 2014, a one-count information charged that on or about December 27, 2011, Brewer failed to update his sex offender registration annually, in violation of Penal Code1 sections 290 and 290.012, subdivision (a). The information also alleged that Brewer had two prior serious and/or violent felony convictions, under sections 667, subdivisions (b)–(i). Brewer pleaded not guilty. Brewer represented himself. Before trial began, he filed a motion to set aside the information under section 995, in part on the ground that the prosecution failed to prove at the preliminary hearing that he resided in California at the time he was required (and allegedly failed) to register. The trial court denied the motion. At trial, the prosecution presented testimony and evidence that in 2000, Brewer pleaded guilty to lewd acts with a child under 14 years old, in violation of section 288a, receiving six years in prison at his November 2000 sentencing. Brewer also had a 1990 conviction for armed robbery and receiving stolen property with a sentence of four years in state prison, and a 1993 conviction for possession of marijuana for sale with a sentence of one year and four months…