Reasonable Doubts - September 4, 2008

SEX OFFENDER REGISTRATION - ORAL COPULATION
People v. Hernandez (C.A. 2nd, 8/25/08, B230151) 08 C.D.O.S. 11712
Los Angeles Superior Court Judge Gilbert M. Lopez erred in denying
motion to terminate mandatory sex offender registration under Penal
Code section 290 based upon conviction for violating Penal Code
section 288a(b)(2) (oral copulation with person under 16 years old), a
requirement which People v. Hofsheier (2006) 37 Cal.4th 1185 found to
be a violation of equal protection when applied to violations with
persons 16-18, because it required registration for oral copulation
but not unlawful sexual intercourse. Attorney General conceded, but
argued certificate of probable cause required. Court says no. "Here,
appellant appeals the denial of his postplea motion to terminate his
mandatory sex offender registration requirement on the ground that it
violates equal protection. He does not seek to retract his no contest
plea or otherwise challenge its validity. He does not argue that the
plea bargaining process was invalid or that he entered his plea as the
result of any misrepresentation by the court. If appellant prevails,
his conviction based on his plea bargain will remain valid and
unaffected." Remanded for court to determine whether defendant is
subject to discretionary registration.