People v. Scrivans CA3

Filed 5/5/25 P. v. Scrivans CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C101067

Plaintiff and Respondent, (Super. Ct. No. 22FE003771)

v.

KEVIN ANDRE SCRIVANS,

Defendant and Appellant.

An information charged defendant Kevin Andre Scrivans with one count of failing to update his sex offender registration within five days of his birthday. The trial court denied his motion for a judgment of acquittal under Penal Code1 section 1118.1 at the close of the prosecution’s case-in-chief, and the jury found him guilty as charged. On appeal, Scrivans argues the trial court erred in denying his motion for acquittal. We agree and shall reverse the judgment.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In 2001, Scrivans was convicted of a sexual offense that required him to register as a sex offender while residing in California (§§ 289, subd. (a)(1), 290), including a requirement that he update his registration annually within five working days of his birthday (§ 290.012, subd. (a)). Throughout Scrivans’ registration history, which was listed in the registry database, he always reported that he resided in Sacramento, California. The registry database reflected that in 2009, 2012, 2015, 2016, 2019, and 2020, Scrivans used a specific address in Sacramento as either a residence or a mailing address or both. In February 2021, Scrivans reported that he resided at that same Sacramento address. As of March 2, 2022, the registry database reflected that Scrivans, whose birthday is February 12, failed to complete his annual registration anywhere in the State of California. Sergeant Michael Pietrek called Scrivans at the phone number listed in the registry database at least once but could not remember if he left a voicemail. Unable to contact Scrivans, Sergeant Pietrek obtained a warrant for Scrivans’ arrest. On March 16, and while the warrant was still active, Scrivans went to the registration office located in downtown Sacramento at which residents of the City or County of Sacramento were supposed to register. Due to the outstanding warrant, the registration office called Sergeant Pietrek to notify him Scrivans was there. Sergeant Pietrek drove to the office and arrested Scrivans. On March 21, following Scrivens’ release from custody, he reported for registration purposes that he resided at the same Sacramento address that he reported he resided at in February 2021. An amended information charged Scrivans with violating section 290.018, subdivision (b), by failing to register as a convicted sex offender (§ 290) within five working days of his birthday (§ 290.012). The information also alleged aggravating factors and a prior strike (§§ 667, subds. (b)-(i), 1170.12).