Davis

People v. Davis

Good Law
102 Cal. App. 4th 377·125 Cal. Rptr. 2d 519·2002 Cal. App. LEXIS 4678·2002 Daily Journal DAR 11121·2002 Cal. Daily Op. Serv. 9873
Court of Appeal of CaliforniaSeptember 24, 2002No. B150778California3,048 words

Opinion

lead Opinion

Johnson, J.

A jury convicted defendant on three counts of failing to comply with the sex offender registration and notification requirements in Penal Code section 290, subdivisions (a)(1)(A) and (f)(1). The principal issue on appeal is whether a person commits a separate failure-to-register offense under Penal Code section 290, subdivision (a)(1)(A) each time he enters the same jurisdiction and fails to register within the specified period. We hold each failure to register constitutes a separate offense. Therefore we affirm defendant’s two convictions for violating the statute’s registration requirement. However, we reverse defendant’s conviction for failure to inform the last registering agency of his change of address upon leaving the jurisdiction due to insufficiency of the evidence and instructional error. Finally, we find defendant is entitled to two additional days of presentence credit.

Facts and Proceedings Below

Anthony M. Davis was convicted of rape in 1980. After his release from prison, he moved to Fairfield, California in 1983 and registered as a sex *380 offender under Penal Code section 290. In June 1997, Davis moved to Ventura County and registered with the Ventura…

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