California Penal Code Section 290 - Failure to Register As a Sex Offender
In People v. Cluff (2001) 87 Cal.App.4th 991, the defendant was convicted of failing to register pursuant to section 290.
The defendant had registered his current address, but failed to register annually.
The trial court denied the defendant's motion to strike a prior conviction and sentenced the defendant to 25 years to life.
The appellate court vacated the sentence and remanded the matter to the trial court for further consideration of the defendant's motion to strike because the trial court abused its discretion by relying on a factor which was not supported by substantial evidence. ( People v. Cluff, supra, 87 Cal.App.4th at p. 1004.)
The appellate court also noted that factors such as the defendant's employment as an electrician, his remaining free from convictions since he was released from prison in 1990, and the conclusion by the court-appointed psychologist that the defendant was not likely to repeat his crimes if properly supervised, all could lead the trial court to conclude that the defendant fell outside of the three strikes scheme. (Id. at pp. 1003-1004.)