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Name: People v. Balkin
Case #: B186152
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/01/2006
Summary

Appellant appealed from his conviction for failing to register as a sex offender under Penal Code section 290(a)(1)(A), contending that there was insufficient evidence that he failed to register within five days of entering Los Angeles or even that he was in Los Angeles for a five-day period. The appellate court agreed and reversed. Following the holding of People v. North (2003) 112 Cal.App.4th 621, 634, the Legislature amended section 290(a)(1)(A) in 2004, eliminating references to the registrant’s “location.” Here, the only evidence supporting the conviction was appellant’s mailing address, which he could have secured just one day prior to arrest. He was not charged or convicted under the transient status section, nor was there evidence that he was transient.