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People v. Lopez2/27/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury convicted appellant Ismael Gabriel Lopez of failure to register as a sex offender in violation of Penal Code section 290, subdivision (a)(1)(A) (count 1) and failure to provide true registration information in violation of section 290, subdivision (e)(2) (count 3). Appellant admitted the allegations that he had suffered four prior serious or violent felony convictions within the meaning of the three strikes law and had served three prior prison terms. (§§ 667, subds. (b)-(i), 667.5, subd. (b).) The trial court partially granted appellant's Romero motion, and struck the prior convictions on count 2. The trial court sentenced appellant to a term of 25 years to life in state prison on count 1 and a concurrent term of three years on count 2.
On appeal, appellant contends: (1) the trial court abused its discretion by denying appellant's motion to dismiss the prior strike convictions on both counts because the relevant sentencing factors support dismissal of the strikes, and (2) a sentence of 25 years to life for appellant's current offense constitutes cruel and unusual punishment in violation of the federal and state Constitutions.
FACTS
Elizabeth Chavez is a Los Angeles police officer in charge of monitoring and registering convicted sex offenders in the North Hollywood division. Sex offenders are required to register even if they are transients. Appellant had registered with her several times. On September 20, 2001, appellant registered with Officer Chavez and gave an address of 7843 Lankershim Boulevard, a shelter. He signed, initialed, and dated the document of registration. The lines appellant initialed informed him of the lifetime registration requirement, the requirement to register with the law enforcement agency having jurisdiction over any new address within five days of changing his residence, and the requirement to inform the registering agency where he last registered in the event he changed his address.
Appellant was asked to leave the shelter and did so on September 27, 2001. He was then obliged to notify the authorities of his new location by October 4, 2001. Appellant did not register again until October 11, 2001. On that date he registered with Officer Chavez and gave a Coldwater Canyon address as his primary address. He told Officer Chavez he did not have any other address.
The Coldwater Canyon address belonged to Linda Murca (Murca), a woman who had befriended appellant. Appellant asked Murca on October 10, 2001, if he could use her address for his paperwork, and she refused. He told her he had to give an address to his parole agent, Mrs. Ayala, or he would go back to jail. He told Murca no one would check to see if he was living there. Murca did not want to take that chance. Appellant never asked to stay at her place, and he never did so.
On October 12, 2001, appellant telephoned Murca and told her he had given Murca's address to Ayala. Murca immediately telephoned Ayala and told her the information was false. As instructed by Ayala, Murca then called the North Hollywood Police Department and spoke with Officer Chavez. Appellant was subsequently arrested.
DISCUSSION
I. Trial Court's Refusal to Strike Prior Convictions on Count 1
Appellant argues the trial court abused its discretion by denying his motion to dis
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