P. v. Rider 12/9/05 CA1/4

State: California

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

Docket No: A097996A

Case Date: 04/07/2006

Preview:Filed 12/9/05 P. v. Rider CA1/4 Opinion following remand

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. VANCE LARCELL RIDER, Defendant and Appellant. (San Mateo County Super. Ct. No. SC047362) A097996

A jury found that defendant Vance Larcell Rider had failed to register as a convicted sex offender as required by Penal Code section 290.1 After finding true allegations in the information that defendant had five prior felony convictions, the trial court sentenced him to a term of twenty-five years to life. We affirmed in a previous opinion authored by Presiding Justice Kay. (People v. Rider (Sept. 17, 2003, A097996, [nonpub. opn.].) The Supreme Court granted review, and has now remanded the cause to us to reconsider our opinion in light of People v. Barker (2004) 34 Cal.4th 345 and People v. Sorden (2005) 36 Cal.4th 65. We have done so and conclude that neither Barker nor Sorden warrants reversal. Accordingly, with certain modifications to our initial opinion, we again affirm the judgment of conviction.

1

Statutory references are to the Penal Code unless otherwise indicated. 1

BACKGROUND The pertinent circumstances are easily recounted and largely without dispute. Defendant stipulated that he "has been previously convicted of a felony sexual offense that requires him to register as a sex offender, pursuant to Penal Code section 290." People's exhibit No. 6--which was admitted in evidence and a copy of which is in the record on appeal--consists of a number of defendant's registrations with various law enforcement agencies dating from 1994. On several of the forms for change of address defendant put down "transient" for his new address. The last registration from defendant was in January of 1999, giving an address in Oakland. In March of 2000, police discovered defendant in a National Guard armory in San Mateo, which was used as a shelter for the homeless. Only allowed to stay in the armory at nights, defendant had begun sleeping there in November of 1999. The forms comprising People's exhibit No. 6 show defendant's birthday as January 4. The January 1999 registration contains defendant's certification under penalty of perjury as follows: "I have been notified of my duty to register as a convicted sex offender under PC

Download P. v. Rider 12/9/05 CA1/4.pdf