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Name: People v. Musovich
Case #: C048031
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/17/2006

Appellant was found guilty of failing to register as a sex offender under former Penal Code section 290, subdivision (g)(2) for failing to report a change of address. On appeal, he argued that he was not properly convicted of violating section 290(g)(2) because that section requires a violation of section 290(a)(1)(A) (violation of the statute due to failure to report a change in residence), and the prosecutor failed to charge appellant with a violation of that section. The appellate court rejected the argument and affirmed. Appellant had adequate notice of the charge against him, and his defense would not have changed had the prosecution expressly charged the (a)(1)(A) violation. Further, the jury was correctly instructed that in order to convict, it had to find that the defendant willful failed to register within five days of changing his address. Also, former Penal Code section 290, subdivision (g)(2) is not unconstitutionally vague as applied to appellant. Appellant clearly changed his residence, triggering a duty to register, and knew of that duty.