holding that a failure to update sex-offender registration should not be considered a minor or technical offense when committed “as part of a more general course of conduct that demonstrates a deliberate general unwillingness to comply with the sex offender registration requirements”
How later courts described this case
- holding that a failure to update sex-offender registration should not be considered a minor or technical offense when committed “as part of a more general course of conduct that demonstrates a deliberate general unwillingness to comply with the sex offender registration requirements”
- “Both the United States Supreme Court and this court have expressly held that a trial court, in exercising its discretion in sentencing a defendant on an offense of which he or she has been convicted, may take into account the court’s own factual findings with regard to the defendant’s conduct related to an offense of which the defendant has been acquitted, so long as the trial court properly finds that the evidence establishes such conduct by a preponderance of the evidence.”
Written by the judges who cited it.
The opinion
WERDEGAR, J., Concurring.
I concur in the majority opinion except for its response to petitioner’s belated claim under Apprendi v. New Jersey (2000) 530 U.S. 466 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ], which petitioner in my view has forfeited by failing to raise it below. I share Justice Liu’s concern that the majority opinion, in choosing to address Apprendi’s application to petitioner’s sentence, does not fully respond to petitioner’s argument. (See cone. opn. of Liu, J,, post.)