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Name: People v. Armas
Case #: B214134
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 01/18/2011

Appellant’s conviction for failure to fulfill a sex-offender change-of-address requirement was supported by substantial evidence, and so supported a revocation of probation. The court granted probation on a case involving a sex offense and appellant was required to register as a sex-offender. The prosecution moved to revoke probation based on three alleged failures to comply with sex-offender registration conditions and also filed a new case based on the same allegations. The allegations were failure to file a registration after a change of address, failure to file a change of address with the initial registering agency, and failure of a former registrant having an address to reregister as a transient. After a jury found appellant guilty of the three offenses, the court found appellant violated his probation and sentenced him to prison. On appeal, appellant argued that because none of the three allegations were supported by substantial evidence, his new convictions and probation revocation must be reversed. The Court of Appeal agreed there was insufficient evidence of one failure to register and that the jury was misinstructed as to another. But it found failure to comply with the change of address requirement was supported by substantial evidence. Based on this conviction, which qualified as a valid violation of probation, the court affirmed the probation revocation in the original case. However, the court remanded for resentencing in the new case in light of the reversal of the other two counts.