(DOWNLOAD) "Dee v. Vintage Petroleum" by California Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dee v. Vintage Petroleum
- Author : California Court of Appeals
- Release Date : January 06, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Defendant Douglas LeCorno appeals from his conviction for failing to register as a sex offender under Penal Code section 290. Defendant duly registered his residence address in San Francisco but did not register as a second residence the home of a friend in San Mateo where he often stayed while doing construction work at the home. He contends his conviction must be reversed because (1) he was found guilty of a non-existent offense; (2) the trial court refused to instruct the jury that defendant willfully violated the statute only if he knew that he was required to register the San Mateo address, and in response to questions from the jury told them that such knowledge was not necessary; (3) the trial court improperly instructed the jury concerning the use of circumstantial evidence as it applies to the mental state required for the registration offense; and (4) the court abused its discretion by failing to dismiss all of his prior strikes and by imposing the upper term on the registration offense. We reject defendants first contention, but agree that the trial court committed prejudicial instructional error with respect to the knowledge that is required to establish a violation of section 290. Accordingly, we shall reverse the conviction and do not reach defendants contentions concerning his sentencing.