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The People v. Curtis Lynn Collier

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yuba)


September 20, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CURTIS LYNN COLLIER, DEFENDANT AND APPELLANT.

(Super. Ct. No. CRF01723)

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

P. v. Collier

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On June 18, 2010, a trial court sentenced defendant Curtis Lynn Collier for the third time on his 2002 convictions for possessing for sale and manufacturing methamphetamine, maintaining a place for its manufacture, and possession of precursors.*fn1 At the time of the 2010 sentencing, the court orally imposed a lifetime narcotic offender registration requirement.*fn2 The trial court further advised defendant that he would be subject to a five-year term of parole after his release from the 14-year prison sentence.

Defendant contends the lengthy registration requirement is invalid, and the People concede error. He also contends that he is subject to a parole supervision term of three years, rather than five. Again, the People concede error, but argue harmless error.

We agree with the parties and shall affirm the judgment with a modification to correct the registration requirement, as described below.

DISCUSSION

I

Narcotic Offender Registration Requirement

Health and Safety Code section 11594 provides that a narcotic offender registration requirement may extend, at most, five years beyond the termination of parole. (Health & Saf. Code, §§ 11590, 11594 ["All registration requirements set forth in this article shall terminate five years after the discharge from prison, release from jail or termination of probation or parole of the person convicted"].) Because the imposition of a lifetime narcotics offender registration requirement impermissibly extends the period of registration beyond the statutorily authorized limits, the trial court's order was not authorized.

The remedy is to strike the advisement of lifetime registration, orally imposed, and direct the trial court to enter an order that defendant register in accordance with Health and Safety Code sections 11590 and 11594. This we shall do.

II

Parole Advisement

The court further incorrectly advised defendant that five years was his maximum term of parole; the People concede harmless error. (Pen. Code, § 3000.) We agree that the court erred; however, as the corresponding minute order correctly identifies the maximum term of parole to be three years, a shorter term than that advised, we agree with the People that the error was harmless.

DISPOSITION

The trial court's order imposing a lifetime narcotic offender registration requirement is stricken. The court shall enter an order that defendant register in accordance with Health and Safety Code sections 11590 and 11594. As modified,

the judgment is affirmed.

We concur: RAYE , P. J. ROBIE , J.


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