PEOPLE v. ARMAS
Defendant and appellant Jose Armas was convicted, following a plea of nolo contendere, of one count of lewd conduct with a person under 14.[1] Pursuant to a plea agreement, defendant was sentenced to probation, subject to several conditions, including sex offender registration.[2] Defendant was released from jail immediately following sentencing. Less than two months later, defendant was arrested for violating the Sex Offender Registration Act (the Act). His probation was revoked and the matter set for a probation violation hearing. Defendant was also charged by information with three violations of the Act; his probation violation hearing trailed the proceedings in the new case. A jury found defendant guilty of all three counts; the trial court subsequently concluded defendant had violated probation and declined to reinstate probation. Defendant appeals from his conviction for violating the Act and from the probation violation. Defendant contends insufficient evidence supports the conclusion that he violated the Act (and that the jury was misinstructed). Court agree with defendant's contentions with respect to two counts of violating the Act, but the third count is well supported. Court thus reverse defendant's conviction of two counts and remand for resentencing. Court affirm the probation violation.
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