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Name: People v. Chan
Case #: B169749
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/28/2004
Subsequent History: mod. 4/28/05
Summary

Appellant was convicted of several sex offenses and a single count of failing to register. On appeal, he argued that there was insufficient evidence of the failure to register because appellant registered at an address which was only two digits away from his actual address. The court rejected the argument because there was sufficient evidence that the wrong address was given to mislead police officers as to where appellant lived as opposed to an innocent mistake. Appellant also argued that the corpus delicti rule requires that the court find the evidence insufficient. The court also rejected that argument; the corpus delicti rule has no application when the defendant’s extrajudicial statements constitute the crime itself. Further, the court reversed the convictions for violations of Penal Code section 288(a) where appellant was also convicted of violations of section 288(b)(1) for the same incidents. An accused may not be convicted of both greater and included offenses in an individual count.