P. v. McElmurry
David Michael McElmurry entered negotiated guilty pleas to one count of distributing child pornography (Pen. Code, 311.1, subd. (a))[1]and two counts of possessing child pornography ( 311.11, subd. (a)). In exchange for the guilty pleas, the prosecution agreed to a sentencing lid of 16 months and dismissed two other distribution counts and eight other possession counts. The trial court sentenced McElmurry to five years of probation, conditioned on his serving 365 days in jail (work furlough), and registering as a sex offender ( 290). McElmurry appeals, contending the residency restriction (1) violates retroactivity proscriptions; (2) violates ex post facto law proscriptions; (3) violates his rights of due process; and (4) is void for vagueness.
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