202 Cal. App. 4th 429
Cal. Ct. App.2011Background
- Davis (sex offender) registered under CA law after lewd conduct with a minor (2003).
- He registered in Jan 2006, then moved within CA and later out-of-state without updating.
- CA charged two counts in Aug 2006: failure to register multiple addresses and failure to inform a change of address.
- Davis traveled out of state beginning Sept 2006 and did not register in NY or FL.
- Federal case filed May 2009 under SORNA §2250; Davis pled guilty Oct 2009 and was sentenced March 2010.
- CA trial court denied motion to dismiss; held CA and federal prosecutions involve different conduct and timing; state action predated federal travel-based offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CA double jeopardy bars the state case | Davis: same conduct charged federally and in state | Davis: federal travel element creates different acts | No; separate acts and timing preclude bar. |
| Whether the state count is barred as a continuing offense | Davis: continuing offense bars subsequent conviction | Davis: each move constitutes a separate offense | Not barred; discrete California moves support separate offenses. |
| Whether Carr/SORNA timing affects exposure to prosecution | Carr supports federal coverage for interstate travel | State conduct occurred before interstate travel and before SORNA’s effective date | State prosecution valid for June 2006 conduct; federal offense not yet triggered. |
Key Cases Cited
- Belcher v. Superior Court, 11 Cal.3d 91 (Cal. 1974) (limits on cross-jurisdiction jeopardy, act vs. element analysis)
- Comingore v. State, 20 Cal.3d 142 (Cal. 1977) (same act vs. different elements analysis; separate prosecutions allowed when different acts)
- Candelaria (I), 139 Cal.App.2d 432 (Cal. App. 2d 1956) (same physical act; state bar if identical act needed for federal offense)
- Candelaria (II), 153 Cal.App.2d 879 (Cal. App. 2d 1957) (state conviction proper where different acts; separate offense)
- Friedman v. People, 111 Cal.App.4th 824 (Cal. App. 4th 2003) (multistate crimes; different acts can sustain separate prosecutions)
- Lazarevich v. People, 95 Cal.App.4th 416 (Cal. App. 4th 2001) (jeopardy analysis across jurisdictions; continuting offenses not blanket immunity)
- Rouser v. State, 59 Cal.App.4th 1065 (Cal. App. 4th 1997) (continuing offense doctrine; separate dates can yield separate offenses)
- Meeks v. State, 123 Cal.App.4th 695 (Cal. App. 4th 2004) (continuing offense concept; each registration failure can be separate)
- Sanders v. U.S. (7th Cir.), 622 F.3d 779 (7th Cir. 2010) (SORNA 2250 elements; interstate travel as nexus; timing issues)