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Name: People v. Meeks
Case #: C036854
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/27/2004
Subsequent History: Rehrg. den. 11/17/04; revw. den. 1/26/05

In an earlier appeal, all of appellant’s contentions were affirmed, including his sentencing for multiple violations of Penal Code section 290. The Supreme Court thereafter granted review and transferred the matter back for reconsideration in light of People v. Britt (2004) 32 Cal.4th 944. The appellate court again found that the separate convictions for failing to register upon a change of address and to register annually on appellant’s birthday were lawful. Further, Penal Code section 654 does not prohibit punishment for both offenses. This matter is readily distinguishable from Britt, where the appellant committed only one act, moving from county to county. Here, appellant failed to register on his birthday; and, every time he moved, a new registration requirement was triggered. A defendant who moves without notifying authorities, or repeatedly allows a birthday to pass without registering, is more culpable than one who fails to register following one triggering event. Further, appellant’s Three Strikes sentence of 25 years to life for failing to register did not violate cruel or unusual punishment provisions of the constitution.