P. v. Fernandez CA5
APPEAL from a judgment of the Superior Court of Fresno County. Timothy A. Kams, Judge.
Jake Stebner, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Jorge Fidel Fernandez was found guilty of failure to register as a sex offender upon release from incarceration and failure to register as a sex offender upon change of address. He was sentenced to the upper term of three years’ imprisonment on both counts (the sentence on count 2 was stayed). On appeal, defendant contends that (1) the trial court erred in failing to sua sponte instruct the jury regarding consideration of circumstantial evidence and (2) his sentence must be vacated, and his case remanded for resentencing in light of Senate Bill No. 567’s (2021–2022 Reg. Sess.)
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