Saturday, 01 October 2022

Prison sentence for man who didn't register as sex offender

CLEARLAKE OAKS – A Clearlake Oaks man who failed to register as a sex offender after having previously been convicted of a violent sex crime was sentenced to prison on Monday.


Judge Arthur Mann sentenced Clarence John McCarty, 36, to five years in state prison for failing to register as a sex offender, according to a report from the Lake County District Attorney's Office.


McCarty is required to register pursuant to penal code section 290 as a result of a felony sexual battery conviction in 1999.


Deputy District Attorney John R. DeChaine reported that McCarty pleaded guilty on Feb. 23 to one felony count of failing to register as a sex offender, in violation of Penal Code section 290(a)(1)(D).


A felony penal code section 290 violation normally exposes the perpetrator to a maximum prison commitment of three years, DeChaine reported.


However, McCarty admitted at the time of his guilty plea that he had previously served two prior prison terms and had not remained free of prison custody for more than five years between each prior prison commitment, according to DeChaine's report.


The effect of McCarty admitting both prior prison terms, said DeChaine, was that his prison sentence of three years was enhanced to five years.


At the conclusion of the sentencing hearing, Judge Mann remanded the defendant into custody.


Det. Mike Curran of the Lake County Sheriff’s Office investigated the case with the assistance of Deputies Chwialkowski and Hall, said DeChaine.


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