People v. Nichols

Opinion

NICHOLSON, J.

This case presented a simple factual question for the jury to resolve—did defendant David Allen Nichols, a convicted sex offender required to register under Penal Code former section 290, register with the Rocklin Police Department within five days of moving out of Rocklin? The jury determined he did not, in violation of Penal Code former section 290, subdivision (f)(1).

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(See current § 290.013, subd. (a).)

The jury also determined, however, that defendant had previously been convicted of three felonies and found true the allegation that these felonies constituted serious felonies within the meaning of the “Three Strikes” law. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) In addition, the trial court determined defendant had served three prior prison terms within the meaning of section 667.5, subdivision (b).

[431]

The trial court denied defendant’s motion to strike his prior “strike” convictions, and it sentenced him to a prison term of 28 years to life: 25 years to life on the failure to register, plus one year for each of the prior prison terms.

Defendant appeals, alleging the following to be prejudicial errors:

1. The trial court admitted excessive and inflammatory evidence;

2. The prosecutor committed misconduct;

3. The court committed instructional error;

4. The true findings on the “strike” priors were not supported by substantial evidence;

5. The true findings on two of the prior prison term findings were not supported by substantial evidence;

6. The court erred in refusing to submit any prior conviction issues, except authentication, to the jury;

7. These errors constituted cumulative error;

8. The court abused its discretion when it denied defendant’s motion to strike his prior strikes;