California Court of Appeal

Conviction of defendant for failing to comply with defendant's obligation to register annually as a convicted sex offender is affirmed where: 1) defendant's argument that the trial court had a sua sponte duty to instruct the jury that his severe depression was a defense to his failure to register is rejected as such a defense was unavailable to defendant; 2) trial court's instruction that severe depression does not excuse the duty to register was incorrect but the error did not prejudice defendant; 3) any failure on the part of defense trial counsel to object or request an instruction was not prejudicial; and 4) trial court did not act unreasonably in imposing a lower term.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Laurel M. Nelson, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez, Janet E. Neeley, and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.