12-30-2008 California:
SAN FRANCISCO—A federal appeals court has ruled that a convicted sex offender's 28-year prison sentence for failing to properly update his home address with authorities was too harsh.
The 9th Circuit Court of Appeals in San Francisco ordered a lower court to reconsider the punishment of Cecilio Gonzalez. He was handed the lengthy term under California's three-strikes law, which requires a minimum prison sentence of 25 years after a third violent or serious felony conviction.
Gonzalez had failed to check in with authorities five days after his birthday. Sex offenders are required to update authorities annually of their home addresses.
The appeals court said that failure to update his Burbank address was a technical violation and didn't count as a third strike. ..News Source.. by Mercury News.com
Decision available in our SO-News Group "Files" area: Gonazlez -v- Duncan
December 30, 2008
CA- Court tosses sex offender's 28-year prison term (for Failure to Register)
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