People v. Carter CA4/2

I.

INTRODUCTION

Defendant and appellant, Antoine Carter appeals a jury conviction for failing to 1 register as a sex offender (Pen. Code, § 290.015 ; count 1). He was acquitted of two

other charges for resisting a peace officer and resisting an executive officer (counts 2 &

3). Defendant also suffered a prior strike (§§ 667, subds. (b)-(i), 1170.12), and the trial

court found true three aggravating factors. The trial court sentenced defendant to four

years in prison.

Defendant contends the trial court committed prejudicial error by finding that his

Electronic Benefit Transfer (EBT) card records were not confidential or privileged, and

allowing them to be admitted into evidence. Defendant also contends that the trial court

erred in finding that his prior Pennsylvania conviction was the equivalent of a California 2 section 288, subdivision (a) conviction. We reject defendant’s contentions and affirm

the judgment.

II.

FACTS

On May 13, 2014, in a Pennsylvania state court, defendant pled no contest to the

charge of indecent assault of a person less than 13 years of age (18 Pa.C.S.A. § 3126,

1 Unless otherwise noted, all statutory references are to the Penal Code. 2 We…