People v. ToloyAnnotate this Case
In 2001, defendant was convicted of continuous sexual abuse of a child under 14, sentenced to 12 years in prison, and ordered to register as a sex offender under Penal Code 290. He was released on parole in 2011, but returned to jail seven times for parole violations. Defendant registered his hotel residence with the Salinas Police in January 2014 and was told to re-register upon release from incarceration if he served a term of 30 days or more. Defendant was in Monterey County Jail for a parole violation from February 5 to April 13, 2014. After his release, defendant returned to the Salinas hotel that he had registered as his residence.The next day, he reported to the parole office; GPS tracking device was placed on his ankle. He did not re-register and was not told to do so. On May 1, 2014, defendant was arrested for failing to re-register. He admitted that he was aware of his obligation to re-register within five days of his release. The court found him guilty and imposed a sentence of 32 months. The court of appeal affirmed, finding that Penal Code 290.17 requires notification of the re-registration requirement upon each release, but is directory rather than mandatory.