P. v. Windham
A jury convicted defendant Charles William Windham of one count of failing to inform law enforcement of his change of address, as required by the sex offender registration statute, and two counts of failing to register as a sex offender. The jury found true the allegation that defendant had previously been convicted of four strike offenses. The trial court sentenced defendant to three consecutive sentences of 25 years to life for a total of 75 years to life.
Defendant raises several errors on appeal. He contends that the accusatory pleading failed to give him notice of the offenses. Court conclude that the information comported with due process in that it gave sufficient notice of the charges. Defendant also asserts the trial court failed to instruct the jury that it must find he had actual knowledge of the registration requirements. We agree with defendants claim that the trial court failed to instruct on actual knowledge. However, we find the error was harmless. Finally, defendant complains that sentencing him to three consecutive life terms violates the dual use prohibition as there was only one continuing violation of his failure to inform law enforcement of his change of address. Court conclude that imposing a sentence for each count of failing to register did not violate Penal Code section 654.
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