The People v. Williams CA2/3

Filed 9/23/13 P. v. Williams CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B238353

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA380243) v.

DAVID WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gail Ruderman Feuer, Judge. Affirmed.

Daniel G. Koryn, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant David Williams contends his conviction for failing to register as a sex offender under Penal Code section 2901 must be reversed for two reasons. First, there was insufficient evidence to support the judgment. Second, the trial court failed to instruct the jury on the meaning of “reside.” We reject both contentions and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND I. Factual background. A. The history of defendant’s registration as a sex offender. Defendant stipulated he was convicted, on December 19, 1984, of a felony sex offense and the conviction gave rise to an obligation he register as a sex offender for the rest of his life. Registration documents state that the registrant must register annually within five days of his or her birthday. Within five days of moving to a new city or county, a registrant must re-register their new address. He or she also must re-register within five days of changing addresses in the same city. Defendant complied with his annual registration obligations from July 8, 1999 through July 15, 2003, registering his address as 628 South San Julian Street, Los Angeles, a transitional living facility called Volunteers of America (VOA). On August 20, 2003, defendant, having moved, registered his address as 1940 West 79th Street in Los Angeles, his mother’s house. He again registered that address in 2004, 2005, and 2006. From July 12, 2007 to June 30, 2010, defendant annually registered his address as 6058 Hazelhurst Place, Apartment 10, in North Hollywood. When defendant registered on June 30, registering Officer Robert Greenbaum of the Los Angeles Police Department had defendant read the registration requirements. Defendant affixed his initials to the document indicating he understood the requirements. After June 30, 2010, defendant did not register as a transient at the VOA address; at 8118 Western Avenue in Los Angeles