People v. Dodge CA1/5

Filed 9/22/20 P. v. Dodge CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A158009 v. CURTIS DEWAYNE DODGE, (Lake County Defendant and Appellant. Super. Ct. No. CR945410)

Curtis Dewayne Dodge was required to register as a sex offender. While regularly staying at his girlfriend’s house, Dodge registered as a “transient” and a jury convicted him of failing to register as a sex offender within five days of gaining residency (Pen. Code, § 290.011, subd. (b)).1 Dodge moved for a new trial, arguing trial counsel was ineffective for not objecting to a prosecution witness’s testimony. The trial court denied the motion and sentenced Dodge to state prison. Dodge appeals. He claims insufficient evidence supports the conviction and that the court erred by denying his new trial motion. We disagree and affirm.

1 Undesignated statutory references are to the Penal Code.

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FACTUAL AND PROCEDURAL BACKGROUND We provide a brief overview of the statutory scheme for context. Under the Sex Offender Registration Act (§§ 290–290.24), a sex offender must register once a year within five working days of his or her birthday. (§§ 290, subd. (a), 290.012, subd. (a).) A “transient” sex offender must register once every 30 days in addition to the annual birthday registration. (§ 290.011, subds. (a), (c).) A “person who has no residence” is defined as a “transient.” (§ 290.011, subd. (g).) “A transient who moves to a residence shall have five working days within which to reregister at that address.” (§ 290.011, subd. (b).) “Residence” is defined as “one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a . . . structure that can be located by a street address, including, but not limited to, houses . . . .” (§ 290.011, subd. (g).) The purpose of the Sex Offender Registration Act is “ ‘to promote the “ ‘state interest in controlling crime and preventing recidivism in sex offenders’ ” ’ ” and “ ‘to notify members of the public of the existence and location of sex offenders so they can take protective measures.’ ” (Johnson v. Department of Justice (2015) 60 Cal.4th 871, 877.) A. Prosecution Evidence Dodge was required to register as a sex offender pursuant to section 290. In February 2016, Dodge began dating Dorna K. and staying at her home in Clearlake three nights a week. Dodge stored his belongings in Dorna’s bedroom. In February, April, and May, Dodge registered as a transient. He signed the registration forms and initialed the paragraphs advising him that “[u]pon coming into, . . . [a] residence address . . . [he]