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P. v. Perkins

P. v. Perkins
05:16:2006

P. v. Perkins









Filed 5/4/06 P. v. Perkins CA3


Appendix not available electronically






NOT TO BE PUBLISHED





California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






THIRD APPELLATE DISTRICT




(Shasta)


----








THE PEOPLE,


Plaintiff and Respondent,


v.


ROBERT JEFF PERKINS,


Defendant and Appellant.





C049647



(Super. Ct. No. 03F4755)





A jury convicted defendant Robert Jeff Perkins of failing to register as a sex offender. (Pen. Code, § 290; undesignated section references are to the Penal Code.) The court found he had suffered three prior strikes (§§ 667, subds. (b)-(i), 1170.12) and had served one prior prison term (§ 667.5, subd. (b)). He was sentenced to 26 years to life in prison.


On appeal, defendant raises several issues arising from his conviction and resulting sentence.[1] Disagreeing with defendant that section 290 is constitutionally void for vagueness as applied to him, but agreeing with him that the evidence is insufficient to support his conviction, we shall reverse the judgment.


FACTS


Defendant is required to register as a sex offender because of a prior criminal conviction. On July 15, 2002, four days after his birthday, defendant registered with the Redding Police Department by filling out a form entitled, â€





Description A decision regarding failing to register as a sex offender.
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