205 Cal. App. 4th 642
Cal. Ct. App.2012Background
- Villegas, a registered sex offender, moved from a motel in Sylmar in December 2007 but did not notify the last registering agency of the move or his new residence within five days.
- Defendant had previously acknowledged understanding of registration requirements; he was on parole at the time of his last registration for an unrelated offense.
- Parole officers checked his motel room around December 30–31, 2007; his GPS device was cut from his leg and he left a note indicating he did not need to report.
- He was arrested in Alabama in 2008 and extradited to California in 2010 for trial.
- Count 2 charged failure to notify a change of address under § 290.013(a); count 3 charged failure to report under § 290.013(b); both based on the December 2007 move.
- The trial court sentenced him to the upper term on count 2 and stayed the sentence on count 3 under § 654; count 1 was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 290.013(a) and (b) can support multiple convictions. | People argues the two provisions create separate obligations and may yield multiple convictions. | Villegas argues the provisions are mutually exclusive states of mind and cannot both apply. | Yes; multiple convictions proper; stayed under § 654. |
| Whether the abstract of judgment must be amended to reflect the correct sentence. | People concedes the abstract mis-stated the number of prior prison term enhancements. | N/A | Abstract amended to delete a second prior prison term; otherwise affirmed. |
Key Cases Cited
- People v. Britt, 32 Cal.4th 944 (Cal. 2004) (distinct obligations to register and report address; § 954 and § 654 interplay)
- People v. Reed, 38 Cal.4th 1224 (Cal. 2006) (principles for multiple convictions arising from same act)
- People v. Ortega, 19 Cal.4th 686 (Cal. 1998) (multiple convictions allowed; stay of punishment under § 654 when appropriate)
- People v. Sloan, 42 Cal.4th 110 (Cal. 2007) (explains 954/654 framework for multiple convictions and punishments)
- Annin v. People, 117 Cal.App.4th 591 (Cal. App. 2004) (interpretation of former § 290; notice requirements within five days)