Opinion
C065965 Super. Ct. No. CRF01723
09-20-2011
THE PEOPLE, Plaintiff and Respondent, v. CURTIS LYNN COLLIER, Defendant and Appellant.
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. At the time of the 2010 sentencing, the court orally imposed a lifetime narcotic offender registration requirement. 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 was originally sentenced in 2002 and resentenced in 2005 after remand following appeal; the instant appeal arises from his third sentencing, which occurred on remand after the grant of his petition for writ of habeas corpus.
The minute order states only that defendant was "advised he must register pursuant to [§] 11590."
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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.
DUARTE, J.
We concur:
RAYE, P. J.
ROBIE, J.