Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

THE PEOPLE v. TROY ANTHONY NORVELL

November 30, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TROY ANTHONY NORVELL, DEFENDANT AND APPELLANT.



The opinion of the court was delivered by: McAdams, J.

P. v. Norvell

CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant appeals from the four-year state prison sentence imposed following his plea of nolo contendere to one count of lewd and lascivious acts with a child of 15 years, and one count of furnishing marijuana to a minor age 14 or older. (Pen. Code, § 288, subd. (c)(1); Health & Saf. Code, § 11361, subd. (b).)*fn1 Pursuant to section 290, defendant was ordered to register as a sex offender.

On appeal, defendant argues that the residency restrictions imposed under Jessica's Law, codified in section 3003.5, constitute cruel and unusual punishment under the state and federal constitutions. We will affirm.

STATEMENT OF FACTS*fn2

Fifteen-year-old N. testified that on the evening of Friday, February 13, 2009, she met defendant at Lytton Plaza in downtown Palo Alto. She was just sitting there and defendant walked up to her and struck up a conversation. She had been acquainted with him for about five months, and when he offered to give her a ride to Target or Payless in Redwood City, she accepted. They also went to a drive-in movie theater in San Jose and saw two movies. He bought her, and she consumed, about 40 ounces of malt liquor. She also consumed a shot or two of some kind of expensive alcohol that he had in his car. He also got her marijuana, which she consumed at the movie theater. During the movie, they moved into the back seat of the car and defendant tried to touch her crotch area. He actually touched her three times, but each time she removed his hand. Defendant took his pants off and was playing with his penis for five or 10 minutes. She kept asking him to stop, and was getting "pretty angry." She did not know if he ejaculated because she wasn't really watching. She was annoyed and wanted to leave after the first movie. It had turned into the same situation as before; they were friends, but every time they tried to go anywhere, defendant would say "I want your pussy tonight." Defendant, however, did not want to leave. After the second movie, he fell asleep. She woke him up and they finally left. They were arguing in the car. He did not want to take her home; he wanted to take her to Palo Alto. He exited the freeway in Mountain View, where he was pulled over for speeding at 2:20 a.m. on February 14, 2009.

It appeared to the officer that N. had been crying, and there was strong odor of marijuana coming from the car. A DMV records check revealed that defendant's license was expired. A search of defendant's pockets yielded two baggies of marijuana and two condoms. N. admitted to officers that she was 15 years old. She appeared to be intoxicated on alcohol, and she had marijuana in her purse, which she said defendant had given to her. Eventually, she divulged that defendant had been "hitting on" her since they had met five months earlier, but said that she did not want to get defendant in trouble. In a subsequent interview, N. disclosed the details of the sexual assault and indecent exposure to which she testified at the preliminary hearing. N. said defendant was about her father's age, and she found his advances disgusting. Defendant was 42 years old at the time. Defendant denied any wrong doing.

Defendant was charged in a nine-count information with three counts of lewd and lascivious acts upon a child of 15 years, two counts of furnishing marijuana to a minor age 14 or older, one count of transportation and/or distribution of marijuana, and one misdemeanor count each of furnishing alcohol to a minor, indecent exposure, and unlicensed driving. (§§ 288, subd.(c)(1), 314.1; Health & Saf. Code, § 11360, subd. (a); Bus. & Prof. Code, § 25658, subd. (a); Veh. Code, § 112500, subd. (a).) The information also alleged service of prior prison terms for three prior convictions. (§ 667.5, subd. (b).)

Pursuant to a negotiated disposition, defendant pleaded no contest to one count of lewd and lascivious conduct, and one count of furnishing marijuana to a minor and was sentenced to a promised four-year state prison sentence. The remaining counts and the prior prison term allegations were dismissed at sentencing. He was ordered to register as a sex offender pursuant to section 290 with the chief of police or sheriff or chief of state university police within five days of becoming domiciled in any city, county or school campus.

DISCUSSION

Because defendant pleaded no contest to a violation of section 288, he is required to register as a sex offender under section 290, subdivisions (b) and (c).

On November 7, 2006, voters approved Proposition 83, The Sexual Predator Punishment and Control Act (SPPCA) commonly known as Jessica's Law. The law went into effect on November 8, 2006. (Cal. Const., art. II, § 10(a).) The SPPCA added subdivision (b) to section 3003.5 (§ 3003.5(b)). That provision states, in relevant part: "(b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.