People v. Moya CA2/6

Filed 8/19/24 P. v. Moya CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B327553 (Super. Ct. No. 2022023439) Plaintiff and Respondent, (Ventura County)

v.

MARTIN MOYA,

Defendant and Appellant.

Martin Moya appeals from the judgment after a jury convicted him of two counts of failing to register as sex offender. (Pen. Code,1 §§ 290.011, subd. (a), 290.012, subd. (a).) The trial court sentenced him to 16 months in state prison. Moya contends the prosecutor committed misconduct by questioning a witness regarding the prohibition against sex offenders entering school grounds. We affirm.

1 Statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY Moya was required to register as a sex offender. He registered in June 2018 and again in November 2021. In February 2022, Moya was cited for failing to register. He was cited again the following September by Corporal Karl Reyes of the Ventura Police Department. During trial, the prosecutor elicited the following testimony from Patrick Furlong, an investigative technician with Ventura police:

“[Prosecutor]: At the time that Corporal Reyes contacted you . . . what types of crimes were you investigating at that time? Meaning, there [are] a number of restrictions or rules related to registrants, one being that you can’t go on school grounds; is that correct?

“[Furlong]: Correct.

“[Prosecutor]: Were you investigating that that day?

“[Furlong]: I was not.