P. v. Picklesimer 7/2/08 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C056385

Case Date: 10/16/2008

Preview:7/2/08

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Trinity) ---THE PEOPLE, Plaintiff and Respondent, v. ANDREW NELSON PICKLESIMER, Defendant and Appellant. C056385 (Sup.Ct.No. 92CR0065)

APPEAL from a judgment of the Superior Court of Trinity County, James P. Woodward, Judge. Dismissed. Dane A. Cameron for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, John G. McClean, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Andrew Nelson Picklesimer appeals from the trial court's order that it lacked jurisdiction to hear his motion to lift his duty to register as a sex offender. The Attorney

General agrees with defendant's claim that the case must be remanded to allow the trial court to exercise its discretion on 1

the merits of defendant's motion.

We conclude the trial court

lacked jurisdiction to hear the motion and we shall dismiss this purported appeal. BACKGROUND In 1993, as part of a bargain in Trinity County Superior Court No. 92CR065, defendant pleaded guilty to three crimes against a 17-year-old girl, unlawful sexual intercourse, oral copulation and digital penetration (Pen. Code,

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