People v. Deluca

Filed 8/14/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B251154

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA076183) v.

JOHN GILBERT DELUCA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Affirmed. Vanessa Place, 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, James William Bilderback II and Tannaz Kouhpainezhad, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant, John Gilbert Deluca, appeals from his conviction for violating Penal Code section 290.011, subdivision (b).1 The trial court found true prior conviction allegations within the meaning of sections 667, subdivisions (b) through (i), 667.5, subdivision (b) and 1170.12. Defendant was sentenced to seven years, eight months in state prison. We affirm the judgment. A transient sex offender is required to register as such. (§ 290.011, subd. (a).) A transient sex offender is required to provide current information as to all places where he or she sleeps, eats, works, or engages in leisure activities. (§ 290.011, subd. (d).) A transient sex offender who moves to a residence has five working days within which to register at that address. (§ 290.011, subd. (b).) Section 290.011, subdivision (b) states in pertinent part, “A transient who moves to a residence shall have five working days within which to register at that address, in accordance with subdivision (b) of Section 290.” Pursuant to section 290.011, subdivision (g), “‘Residence’ means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.” (Italics added.) This definition is broad. (People v. Gonzales (2010) 183 Cal.App.4th 24, 37.) Our Supreme Court has repeatedly discussed the purpose of the sex offender registration statutes. (§§ 290-290.024.) “[T]he [sex offender] registration act is intended to promote the state’s interest in controlling crime and preventing recidivism in sex offenders by making them readily available for police surveillance at all times. ([Wright v. Superior Court (1977) 15 Cal.4th 521, 527]; [s]ee also People v. McClellan (1993) 6 Cal.4th 367, 376, fn. 7.)” (People v. Franklin (1999) 20 Cal.4th 249, 254, italics added.) Also, our Supreme Court has explained, “The purpose of [the lifelong sex offender registration requirement] is ‘to assure that persons convicted of the crimes enumerated [in section 290, subdivision (c),] shall be readily available for police surveillance at all times