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P. v. Schleuder

P. v. Schleuder
02:21:2007

P


P. v. Schleuder


Filed 1/19/07  P. v. Schleuder CA1/1


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


 


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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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


FIRST APPELLATE DISTRICT


DIVISION ONE







THE PEOPLE,


            Plaintiff and Respondent,


v.


VICTOR GENE SCHLEUDER,


            Defendant and Appellant.


      A110050


      (Mendocino County Super. Ct.


      No. MCUKCRCR0459348-02)



            Defendant Victor Gene Schleuder was convicted by a jury of failure to register as a sex offender.  (Pen. Code, §  290.)[1]  The court found that defendant had suffered three strike convictions, and served two prior prison terms.  The court struck two of the strikes and sentenced defendant to eight years in prison, consisting of the aggravated term of three years for the registration offense, doubled with the strike conviction, plus two consecutive one-year prison prior enhancements.  Defendant contends that:  the registration conviction is not supported by substantial evidence; the jury instructions were flawed; his counsel was incompetent; his sentence must be reduced to a misdemeanor; and one of the sentence enhancements must be stricken.  We agree only with the argument as to the sentence enhancement.  We will therefore strike the enhancement, and affirm the judgment as so modified.


I.  JURY TRIAL


            Defendant updated his sex offender registration with the Mendocino County Sheriff on February 24, 2004, listing an address on Finney Road in Redwood Valley, where his aunt Dorothy Reid also resided; prior to that date, he had been registered as a transient.


            Mendocino County Deputy Sheriff Derek Scott discussed the registration form with defendant before he signed it, and read him the following advisements printed on the back of the form to insure that he understood them:  (1) â€





Description Defendant was convicted by a jury of failure to register as a sex offender. (Pen. Code, S 290.) The court found that defendant had suffered three strike convictions, and served two prior prison terms. The court struck two of the strikes and sentenced defendant to eight years in prison, consisting of the aggravated term of three years for the registration offense, doubled with the strike conviction, plus two consecutive one year prison prior enhancements. Defendant contends that: the registration conviction is not supported by substantial evidence; the jury instructions were flawed; his counsel was incompetent; his sentence must be reduced to a misdemeanor; and one of the sentence enhancements must be stricken. Court agree only with the argument as to the sentence enhancement. Court therefore strike the enhancement, and affirm the judgment as so modified.
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