People v. From CA4/1
Opinion
Opinion
Kelety, J.
I.
FACTUAL AND PROCEDURAL BACKGROUND
A. Defendant’s 1993 Convictions and His Ensuing Incarceration In 1993 defendant was charged with five counts of child sex abuse: three under section 288.5, subdivision (a); and two under section 288, subdivision (a). Each count was described in a charging document (the 1993 charging document) that included the following notification repeated five times, once for each count: “NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime.” By the time defendant was arraigned, the five counts had been whittled down to just the three based on section 288.5, subdivision (a). A jury convicted defendant on these three counts, and there followed a lengthy period of incarceration. B. Defendant’s 2022 Release on Parole, His Failure to Register, and His Re-arrest In January 2022, the Department of Corrections and Rehabilitation released defendant on parole. Four months later, on May 19, 2022, two police officers encountered defendant at a motor home he had acquired following his
All statutory references in this opinion are to the Penal Code.
2 release. They…