People v. Wicker CA2/6

Filed 11/6/13 P. v. Wicker CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B243616 (Super. Ct. No. MA055805) Plaintiff and Respondent, (Los Angeles County)

v.

ANDRE WICKER,

Defendant and Appellant.

Andre Wicker appeals from the judgment following his conviction by jury 1 of failure to register as a sex offender (Pen. Code, § 290, subd. (b)). The trial court sentenced him to three years in state prison. Appellant challenges the sufficiency of the evidence to support his conviction, and contends the court committed prejudicial error by permitting read back of a closing argument in which the prosecutor misstated the requisite intent for a failure to register. He further claims he is entitled to additional days of presentence credit, and respondent correctly concedes the point. We shall modify the judgment accordingly. In all other respects, we affirm the judgment. Factual and Procedural Background Appellant registered as a sex offender for many years, beginning in 2002. He first registered with Ilene Anderson, at the Los Angeles County Sheriff's Department

1 All statutory references are to the Penal Code unless otherwise stated.

(LASD) Lancaster station. Anderson met with him on many other occasions through 2011. On each occasion, Anderson explained the registration requirements to him, using a form which describes each requirement. Relevant excerpts from the form she used in 2010 follow: "My responsibility to resister as a sex offender is a lifetime requirement." "Upon coming into, or when changing my residence address within a city and/or county in which I am residing, I must register or re-register in person within five (5) working days with the law enforcement agency . . . ." "If I change my registered address . . . I must inform the last registering agency . . . within five (5) working days before or after I leave." (Ibid.) "If I have more than one residence address at which I regularly reside . . . I must register in person, within five (5) working days at each address with the law enforcement agency having jurisdiction over such residence." "If I no longer reside at a registered address I must inform . . . the registering agency having jurisdiction over that address within five (5) working days before or after I leave." Each time he met with Anderson, appellant signed a statement acknowledging he "read, understood and initialed each registration requirement." In registering with Anderson, appellant often reported he resided at 817 Landsford Street, in Lancaster, the residence of his mother and stepfather, Christine Williams-Thomas and Clarence Thomas (Landsford residence). On May 19, 2011, he registered with the Las Vegas Metropolitan Police Department (LVMPD). Sharon Roberson of LVMPD processed his registration. She told appellant he must advise LVMPD within 48 hours of any change in his residence. He did not contact Roberson after May 19, 2011. Appellant last contacted Anderson of LASD on December 6, 2011, when he telephoned and said he had moved to Las Vegas. Anderson retired from LASD in March 2012. Melissa Dorsey of LASD then processed sex offender registrations in Lancaster. Appellant never registered with her. On April 3, 2012, LASD Deputies Alex Vallozzi and Cesar Huerta conducted a registration compliance check at the Landsford residence. They found Thomas sitting outside and asked him about appellant's location. Appellant appeared at the front door, and Huerta asked if he was going to register. He said he was going to