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Name: People v. Aragon
Case #: C066237
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/29/2012

A sex offender who regularly registered as a transient was not in violation of the sex offender registration requirement of Penal Code section 290 because parking his travel trailer on the street at a specific address required registration at that address. In 1995 appellant was convicted of a Penal Code section 290 offense. During the winter months of 2009, his brother allowed him to park his travel trailer on the street in front of his residence so that he could obtain electricity and water. During that period, he registered every 30 days as a transient. However, a transient who moves to a residence has five days to register the new address. Neither the forms at the initial registration, nor subsequent registration forms defined the difference between having a residence and being a transient, and he was not advised verbally of the difference. Under the statute, a “residence” means one or more addresses at which a person regularly resides such as a shelter or structure that can be located by a street address, including recreational and other vehicles. (Pen. Code, § 290.011, subd. (g).) The conviction for a willful violation of the registration statute was reversed for insufficient evidence that defendant knew his living circumstances constituted a residence.