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Name: People v. Deluca
Case #: B251154
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/14/2014
Summary

Emergency winter shelter, which was set up anew each day, and where defendant frequently stayed, is a “residence” for sex registration purposes. Deluca was convicted of failing to register as a sex offender (Pen. Code, § 290.011, subd. (b)); a strike and prior prison term enhancement were found true. On appeal he claimed there was insufficient evidence the National Guard emergency winter shelter he frequented was a “residence” for registration purposes. Held: Affirmed. A transient sex offender is required to provide information regarding where he eats, sleeps, works or takes his leisure (Pen. Code, § 290.011, subd. (d)). Such an offender has five working days to report a move to a residence, which means one or more addresses where the offender regularly resides, regardless the number of days. This includes shelters or buildings which can be located with a street address (Pen. Code, § 290.011, subd. (g)). The emergency shelter here was set up each evening and taken down each morning. Cots were set up in an open area and available on a first-come, first-served basis. “Clients” could not store belongings at the shelter or receive mail there. The plain meaning of the statute includes a homeless shelter that can be located by a street address, which applies to the shelter here. Thus, it was a residence within the meaning of section 290.011. This interpretation promotes the state’s interest in controlling crime and deterring recidivist sex offenders from re-offending by according police ready access to them.