People v. Wells CA1/5

Filed 8/7/15 P. v. Wells CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A142136

v. (Lake County Super. Ct. Nos. VERONIKA I. WELLS, CR931905, CR933275)

Defendant and Appellant. ______________________________________/

In 1982, appellant Veronika I. Wells was convicted of two counts of oral copulation with a person under 18 (Pen. Code, § 288a, subd. (b)(1))1 and the trial court imposed mandatory sex offender registration pursuant to section 290. In 2013, Wells pled no contest to failing to update her sex offender registration within five working days of her birthday (§ 290.012, subd. (a)) and the court suspended imposition of sentence and placed Wells on probation. In 2014, Wells pled no contest to failure to register as a sex offender within five working days of moving (§ 290.013, subd. (a)). The court concluded Wells violated probation, sentenced her to state prison, and ordered her to register as a sex offender pursuant to section 290. On appeal, Wells contends: (1) trial counsel rendered ineffective assistance by failing to file a writ petition seeking relief from mandatory sex offender registration

1 Unless noted, all further statutory references are to the Penal Code. 1

under People v. Hofsheier (2006) 37 Cal.4th 1185 (Hofsheier); and (2) the court lacked jurisdiction at the sentencing hearing to order her to register as a sex offender. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1982, Wells was convicted of two counts of oral copulation with a person under 18 (§ 288a, subd. (b)(1)) and the trial court imposed mandatory sex offender registration pursuant to section 290. In 2013, Wells pled no contest to failing to update her sex offender registration within five working days of her birthday (§ 290.012, subd. (a)) and the court suspended imposition of sentence and placed her on probation. Just over a month later, the probation department filed a violation notice and the People later charged her with two counts of failing to file a change of address within five working days of moving (§ 290.013, subd. (a)). In 2014, Wells pled no contest to one count of failing to register a change of address within five days of moving (§ 290.013, subd. (a)), which the court determined constituted a probation violation. At the plea hearing, Wells’s attorney noted, “I might add that under Hofsheier, . . . I’ve contacted the public defender in Orange County about getting a writ to have her registration requirement vacated. But I personally can’t go to Orange County to do it.”2 At the sentencing hearing, Wells’s attorney explained, “[h]er prior record consists of the underlying offense . . . from 1982 and represents conduct that . . . is no longer [ ] mandatory [registerable] conduct. But . . . it takes a [ ] writ to fix that. [¶] And the offense was in Orange County, and I called down there and sent emails and none of it was ever responded to.” In May 2014, the court sentenced Wells to two years in state prison and ordered her to register as a sex offender pursuant to section 290.