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November 22, 2011

REGISTERED SEX OFFENDER CONVICTED

Filed under: Los Angeles sexual assault attorney — Tags: , — fayarfa @ 4:54 am

REGISTERED SEX OFFENDER CONVICTED OF VIOLATING ORANGE COUNTY CHILD SAFETY ZONE ORDINANCE BY ENTERING MILE SQUARE REGIONAL PARK ON CINCO DE MAYO

WESTMINSTER - A registered sex offender was convicted yesterday for violating the Orange County Sex Offender Ordinance by entering a County park. Hugo Godinez, 29, Santa Ana, was found guilty Nov. 14, 2011, of one misdemeanor count of prohibited sex offender entering a County park without the written permission from Orange County Sheriff’s Department (OCSD). He was also convicted of one misdemeanor count of failing to register and show proof of residency upon release from incarceration. He faces a maximum sentence of one year in Orange County Jail at his sentencing hearing on Nov. 17, 2011, at 1:30 p.m. in Department W-13, West Justice Center, Westminster.

ORANGE COUNTY CODIFIED ORDINANCE 3-18-3 (PROHIBITED OFFENDER ENTERING A COUNTY PARK)
California Penal Code sections 290, et seq. require individuals convicted of certain crimes to register as sex offenders. The registration process is used to ensure that such offenders shall be readily available for police surveillance at all times because such offenders are deemed likely to commit similar offenses in the future.

The Orange County Codified Ordinance 3-18-3 defines an Orange County Park as any County-owned, leased, operated or maintained land before or after the effective date of this Ordinance by the County of Orange held as a harbor, beach, park or recreation area, including but not limited to Arroyo Trabuco Park, Carbon Canyon Regional Park, Clark Regional Park, Craig Regional Park, Featherly Regional Park, Irvine Regional Park, Laguna Niguel Regional Park, Mason Regional Park, Mile Square Regional Park, O’Neill Regional Park, Orange County Zoo, Peters Canyon Regional Park, Santiago Regional Park, Harriett M. Wieder Regional Park, Yorba Park, Aliso and Wood Canyons Wilderness Park, Caspers Wilderness Park, Laguna Coast Wilderness Park, Thomas F. Riley Wilderness Park, Talbert Nature Preserve, Aliso Beach Park, Capistrano Beach Park, Newport Harbor, Salt Creek Beach Park, Sunset Beach Park, Dana Point Harbor, and Sunset Harbour. The Ordinance seeks to protect children by restricting registered sex offenders’ access to these locations. Violators may be punished with up to six months in jail and/or a $500 fine.

To read the full County Ordinance, please select the April 5, 2011, press release titled “Orange County Board of Supervisors Unanimously Votes to Adopt New Law to Keep Registered Sex Offenders Out of Parks, Harbors, Beaches and Playgrounds,” under Press Releases/Media Advisories at www.orangecountyda.com.

FACTS OF THE CASE # 11WM11018
Godinez is a registered sex offender with the City of Costa Mesa Police Department.  He is required to register as a sex offender for life because he was convicted of one misdemeanor count of sexual battery on June 23, 2010.  As required by law, Godinez signed a Department of Justice (DOJ) 8047 form “A NOTICE OF SEX OFFENDER REGISTRATION REQUIREMENT,” which explained his requirements to register as a sex offender.  Form 8047 was signed by the defendant on Aug. 16, 2010, at the Orange County Probation Department in Santa Ana.

On May 2, 2011, Godinez signed and initialed a DOJ form 8102 “Registration Change of Address/Annual Update,” acknowledging he understood the terms and conditions of his registration. Form 8102 was signed by the defendant at the Costa Mesa Police Department.

That same day, Godinez met with a deputy probation officer to discuss Ordinance 3-18-1 pertaining to restricting registered sex offenders’ access to locations where children regularly gather such as Orange County parks.  The defendant signed a copy of the Ordinance.
On May 5, 2011, at around 10:53 a.m., Hugo Godinez entered Mile Square Regional Park in the City of Fountain Valley.  This park is known to be a gathering place for families on holidays and includes two lakes, three 18-hole golf courses, archery range, baseball and softball fields, picnic shelters, a recreation center with tennis, basketball and racquetball courts, a gymnasium, the Kingston Boys & Girls Club, and a community center.
On this particular day, there were many people in the park, including children, celebrating Cinco de Mayo. The defendant did not leave the park until 2:00 p.m. There were VeriTracks Global Positioning Satellite System print-outs showing the defendant’s movements.

On June 7, 2011, Godinez admitted to an Orange County Sheriff’s Deputy on the Sex Offender Notification and Registration (SONAR) detail that he went to Mile Square Regional Park and stayed at the park for several hours, knowing he was not supposed to be there.  He stated that he knew it was wrong and he was going to admit that to his deputy probation officer.

FACTS OF THE CASE # 11CM12772
On June 30, 2011, Godinez was incarcerated on a probation violation, and was released Aug. 27, 2011. He failed to re-register as a sex offender within five days of being released as required by law.

On Sept. 12, 2011, Godinez met his probation officer and admitted he had forgotten to re-register, and Godinez was promptly taken into custody by OCSD.

COUNTY’S FIRST SEX OFFENDER CONVICTION
In August 2011, transient Richard Ernest Hibbard, 72, became the first defendant to be convicted under the County Child Safety Zone Ordinance. Hibbard is a registered sex offender stemming from a misdemeanor child annoyance conviction from Los Angeles.  Since then, in 1998, 2002, 2007, 2009, 2010, and 2011, he was convicted of numerous felonies and misdemeanors for failing to register as a sex offender.

At approximately 5:00 p.m. on July 21, 2011, deputies from the Orange County Sheriff’s Department (OCSD) responded to Dana Point Harbor.  A citizen approached OCSD deputies and asked them to keep an eye on the defendant because he was “belligerent around the kids,” using profane language and talking loudly. There were at least 10 children in the immediate vicinity where Hibbard had been standing on the dock sidewalk. On Aug. 10, 2011, he pleaded guilty to being in violation of being a prohibited offender entering a County park and was sentenced to 31 days in jail.

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