Balkin

People v. Balkin

Good Law
145 Cal. App. 4th 487·2006 Cal. App. LEXIS 1903·2006 Daily Journal DAR 15723·51 Cal. Rptr. 3d 687·2006 Cal. Daily Op. Serv. 11074
Court of Appeal of CaliforniaDecember 1, 2006No. B186152California2,426 words

Opinion

lead Opinion

Turner, J.

I. INTRODUCTION

Defendant, Eric Ross Balkin, appeals from his conviction for failing to register as a sex offender. (Pen. Code, 1 § 290, subd. (a)(1)(A).) The dispositive issue is whether there is substantial evidence defendant failed to register within five days of entering the City or County of Los Angeles, an essential *489 element of a violation of section 290, subdivision (a)(1)(A). We conclude there is no such evidence. Accordingly, we reverse the judgment with directions to dismiss the information.

II. FACTUAL BACKGROUND

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) Defendant stipulated that he had been convicted of registerable sex offenses, three counts of forceful oral copulation, section 288a, subdivision (c) in 1987. As a result of those convictions, defendant was required to register as a sex offender. Sharon Wolfe worked as a correctional counselor at the California Institution for Men during the years 2000 and 2001. In…

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