People v. Jackson CA2/8

Filed 8/26/15 P. v. Jackson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B255071

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA088548) v.

MICHAEL JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Bradford L. Andrews, Judge. Affirmed, as modified.

Richard C. Gilman, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General and Lance E. Winters, Assistant Attorney General, Michael R. Johnsen and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Michael Jackson appeals from the judgment following his conviction of four counts relating to failure to update his sex offender registration. We conclude that sentence on one count should have been stayed under Penal Code section 654, not imposed concurrently. We also conclude the abstract of judgment does not properly reflect the court operations and conviction assessments imposed, nor does it properly identify one of the offenses of which defendant was convicted. We modify the judgment, direct the trial court to modify the abstract, and otherwise affirm.

PROCEDURAL BACKGROUND

Defendant was required to register as a sex offender. By amended information, defendant was charged with four counts of failure to register: (1) in October 2010, failing to file a change of address with the last agency with which he had registered (Pen. Code, § 290.013, subd. (a));1 (2) in October 2010, failing to file a new registration after changing his address (§ 290, subd. (b)); (3) in March 2011, failing to update his registration within five days of his birthday (§ 290.012); and (4) in March 2012, failing to update his registration within five days of his birthday. It was also alleged that defendant had suffered three prior strikes (§ 1170.12) and two prior prison terms (§ 667.5, subd. (b)). Defendant entered a plea of not guilty and the case proceeded to trial. The jury found defendant guilty of the four offenses charged. Defendant waived jury on the prior conviction allegations. The prosecution chose to proceed on one strike and one prior prison term only; defendant admitted those allegations. Defendant was sentenced to six years in prison, calculated as the high term of three years on count one, doubled for the strike. The court struck the prior prison term for sentencing. Defendant was sentenced to concurrent four-year terms (the middle term of two years, doubled) for each remaining count. The court imposed a restitution fine