How Do I Register As A Narcotics Offender In San Jose Ca

An attempt is well-understood to be different from the completed law-breaking, although attempt very often is a crime in and of itself.

When ane is convicted of possession of a controlled substance, one must register as a narcotics offender.  Such an obligation involves a certain stigma, like to beingness a registered sex offender, but the registration requirement lasts merely 5 years, whereas a registered sexual activity offender'south obligation to report to local police force enforcement lasts a lifetime unless the offender seeks certain relief.

When one is convicted of attempted possession of a controlled substance (Penal Lawmaking § 664; Wellness and Prophylactic Lawmaking § 11378), tin can the judge order the defendant to annals as a narcotics offender?

California Health and Safety Lawmaking § 11590 provides that, "(a) Except as provided in subdivisions (c) and (d), any person who is bedevilled in the State of California of any offense defined in section 11350, 11351, 11351.five, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11357, 11358, 11359, 11360, 11361, 11363, 11366, 11378, 11378.v, 11379, 11379.5, 11379.vi, 11380, 11380.five, 11383, or 11550, or subdivision of section 11377, or . . . any person who is convicted in any other land of any law-breaking which, if committed or attempted in this country, would have been punishable as ane or more than of the above-mentioned offenses, shall inside 30 days of his or her coming into any county or city, or urban center and canton in which he or she resides, or is temporarily domiciled for that length of fourth dimension, register with the chief of police of the city or the sheriff of the canton if he or she resides in an unincorporated area."

Court of Appeal 6th Appellate Commune San Jose

In other words, nether § 11590, ane does not need to annals as narcotics offender for a conviction of attempted possession.  However, the judge in People v. Cowles (1993) 20 Cal.App.4th 114, ordered Cowles to register as a narcotics offender after he was convicted of attempted possession of cocaine (Penal Code § 664, Health and Safety Code § 11350).

Was the Cowles decision wrong?  After all, 11590 only states that if an offense is committed outside California and information technology would be a criminal offence under one of the listed offenses (all of which are completed crimes, none are attempts), then the individual must register.

Daniel Smith recently challenged the Cowles determination.  Smith was convicted in Santa Clara Canton of attempted possession of a controlled substance ((Penal Lawmaking § 664; Health and Condom Code § 11378).  The trial court ordered him to register every bit a narcotics offender and he thought his case was a skillful one to overturn Cowles.

A few facts of Smith'due south case are good to know.  Smith and another man went to a drug dealer'due south dwelling house for the purpose of ownership a quarter-pound of meth.  Smith was conveying ii jail cell phones, a large pocketknife in a concealed sheath, another knife in his pocket and $i,300 in cash.  They were stopped past the law earlier they could enter the house.

Smith admitted that he intended to employ the $i,300 to purchase the meth.  He admitted that he was a meth user.  Cops looked at the two cell phones he had and found messages "consistent with drug sales."

He entered into a plea bargain for violation of Penal Code § 664 and; Health and Safety Lawmaking § 11378.  He was placed on three years of formal probation and ordered to serve 60 days in county jail.  He was likewise ordered to register as a narcotics offender.

He appealed the narcotics registration probation condition to the Sixth Appellate District.  The appellate court, in People v. Daniel Smith (2016 DJDAR 1519), denied his entreatment.

The court said the literal interpretation urged by Smith "seems to lead nowhere."  "We cannot envision whatsoever case in which the attempt to commit some out-of-country offense, could, if occurring in California, amount to the committee of some complete crime hither."  The court noted that Cowles had attempted a similar argument without success and the Sixth Appellate District saw no reason to opposite Cowles.

Therefore, Smith's appeal was denied.

We recollect this was a error.  The legislature's wording of 11590 should exist given the obviously significant that the words suggest.  The courts should not read into, or reason as to what the legislature intended.  Granted, 11590 is poorly written, merely information technology is non the job of our courts to right errors in the statute.  Instead, the legislature should better the statute, rather than the courts for all applied purposes.

The citation for the Sixth Appellate Commune Courtroom ruling discussed above is People v. Daniel Smith (sixth App. Dist., 2016) 8 Cal.App.5th 977, 214 Cal. Rptr. 3d 521.

How Do I Register As A Narcotics Offender In San Jose Ca,

Source: https://www.greghillassociates.com/narcotics-offender-registration-for-attempted-possession.html

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