P. v. Curtis
Defendant pleaded no contest to five violations of the sex-offender registration provisions of Penal Code section 290: failing to update his registration within five days of his birthday ( 290, subd. (a)(1)(D) [count 1]), failing on or about August 4, 2003, to register a new address ( 290, former subd. (a)(1)(A); Stats. 2002, ch. 17, 1, eff. Mar. 28, 2002 [count 2]); failing on or about October 2, 2003, to register a new address ( 290, former subd. (a)(1)(A); Stats. 2003, ch. 634, 1.3, eff. Sept. 30, 2003 [count 3]), failing to notify the last registering agency of a change of address ( 290, former subd. (f)(1); Stats. 2003, ch. 634, 1.3, eff. Sept. 30, 2003 [count 4]), and failing to update registration within five days of release from custody ( 290, former subd. (e)(2); Stats. 2002, ch. 17, 1, eff. Mar. 28, 2002 [count 5]). Defendant admitted four prior convictions: three for purposes of section 1170.12 and subdivisions (b)-(i) of section 667, and one for purposes of section 667.5, subdivision (b). The trial court sentenced defendant to four years in prison on count 1, and to concurrent terms of four years each on counts 2 through 5. It struck the section 667.5, subdivision (b), prior pursuant to section 1385. On appeal, defendant maintains that his conviction for failing to update his registration as a sex offender within five days of his birthday must be stricken as imposed in excess of jurisdiction, that certain sentences constitute multiple punishments and must be stayed, and that the trial court abused its discretion in denying his motion to substitute counsel. Court modify the judgment but affirm it as modified.
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