People v. Poslof

In People v. Poslof (2005) 126 Cal.App.4th 92, the defendant was convicted of failing to register and sentenced under the Three Strikes law to a term of 27 years to life. The defendant's criminal history comprised a 1982 conviction for inflicting corporal punishment on a child; a 1992 conviction for lewd conduct with a child; and a 1996 conviction for possessing drugs. The defendant also violated parole in 1995, 1998, and 1999. The court concluded that the defendant's sentence was constitutional. The defendant argued on appeal there was insufficient evidence to show he knew he was required to register a second residence he purchased in Twentynine Palms, because he did not stay there for five or more days at a time and continued to reside in a home in another area where he was already registered. He testified he did not stay in the Twentynine Palms residence for five or more consecutive days specifically because he did not want anyone to get the idea he was moving there. (Poslof, supra, 126 Cal.App.4th at pp. 104-105.) The Court rejected the defendant's argument because he had notice he was required to register multiple locations and because there was enough evidence from which the jury could reasonably infer the defendant was regularly residing in Twentynine Palms with his daughter and/or had actually stayed there for more than five days at a time. In sum, "the evidence was sufficient to support a finding by the trier of fact that defendant's connection to the residence was outside the realm of a brief, isolated sojourn or transitory relationship and that he knew he was required to register the home." (Id. at p. 107.)